[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7537]


[[Page Unknown]]

[Federal Register: March 30, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-93-028]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Des Allemands Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: At the request of the Southern Pacific Transportation Company 
(SPTC), the Coast Guard is changing the regulation governing the 
operation of the SPTC swing span railroad bridge across Des Allemands 
Bayou, mile 14.0, at Des Allemands, St. Charles Parish, Louisiana, by 
requiring at least four hours advance notice for an opening of the draw 
on weekends, and from 3 p.m. to 7 a.m. Monday through Friday. 
Presently, the draw opens on signal at all times.
    This action will provide relief to the bridge owner and will still 
provide for the reasonable needs of navigation.

EFFECTIVE DATE: This regulation becomes effective on April 29, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. John Wachter, Bridge Administration Branch, Eighth Coast Guard 
District, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: On December 20, 1993, the Coast Guard 
published a proposed rule (58 FR 66323) concerning this amendment. The 
Commander, Eighth Coast Guard District also published the proposal as a 
Public Notice dated January 24, 1994. Interested parties were given 
until February 24, 1994, to submit comments.

Drafting Information

    The drafters of this regulation are Mr. John Wachter, project 
officer, and CDR D. Dickman, project attorney.

Discussion of Comments

    Six letters were received in response to Public Notice No. CGD08-
94-003. The Federal Emergency Management Agency (FEMA), the National 
Marine Fisheries Service and the Louisiana Department of Wildlife and 
Fisheries offered no objection to the proposed special operating 
regulation.
    One commenter suggested that the applicant be granted the same 
special operating regulation currently in effect for the adjacent State 
Route 631 bridge. For safety reasons, the bridge owner wished to have a 
bridgetender present at the bridge from 7 a.m. to 3 p.m. weekdays only. 
The Coast Guard agrees with the bridge owner's reasoning.
    Two commenters submitted letters regarding the question of safety 
of train operations. One contained a petition signed by 175 persons 
that expressed concerns regarding the safety of allowing trains to use 
the bridge at times that it would be unmanned. The current operating 
requirements indicate that the bridge is manned from 5 a.m. to 9 p.m. 
This final rule allows the bridge to be manned from 7 a.m. to 3 p.m. It 
is the Coast Guard's position that these new operating rules will 
provide for the reasonable needs of navigation. This is the extent of 
the Coast Guard's authority in issuing drawbridge operating 
requirements. Issues related to the safety of train operations are the 
responsibility of the Federal Railroad Administration. For this reason, 
these considerations are not included in the criteria authorized to be 
used by the Coast Guard in determining whether specific drawbridge 
operating requirements should be implemented. These concerns have been 
forwarded to the Federal Railroad Administration for appropriate 
consideration and action.
    Based on the comments submitted and the Coast Guard response to 
these comments, the Coast Guard is publishing the requirements as 
proposed.

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.

Economic Assessment and Certification

    This final rule is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under the Department 
of Transportation Regulatory Policies and Procedures (44 FR 11034: 
February 26, 1979).
    The economic impact of this action is expected to be so minimal 
that a full regulatory evaluation is unnecessary. The basis for this 
conclusion is that during the regulated period there will be very 
little inconvenience to vessels using the waterway. In addition, 
mariners requiring the bridge openings are repeat users of the waterway 
and giving the bridge owner advance notice should involve little or no 
additional expense to them. Since the economic impact of this 
regulation is expected to be minimal, the Coast Guard certifies that it 
will not have a significant economic impact on a substantial number of 
small entities.

Environment

    This final 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 117.439 is revised to read as follows:


Sec. 117.439  Des Allemands Bayou.

    (a) The draw of the S631 bridge, mile 13.9 at Des Allemands, shall 
open on signal if at least four hours notice is given.
    (b) The draw of the Southern Pacific Railroad bridge, mile 14.0, 
shall open on signal Monday through Friday from 7 a.m to 3 p.m. At all 
other times the draw shall open on signal if at least 4 hours notice is 
given.

    Dated: March 16, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 94-7537 Filed 3-29-94; 8:45 am]
BILLING CODE 4910-14-M