[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24157]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-025]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Sabine River, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Louisiana Department of Transportation 
and Development, the Coast Guard is considering a change to the 
regulation governing the operation of the swing span bridge on Route LA 
12 over 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. 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 20 years.

DATES: Comments must be received on or before November 29, 1994.

ADDRESSES: Comments may 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. David Frank, Bridge Administration Branch, (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD08-94-025) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
materials is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. David Frank 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.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
David Frank, Project Officer and Lieutenant Elisa Holland, Project 
Attorney.

Background and Purpose

    Upon request by the bridge owner, the Coast Guard is considering 
permitting the draw to 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 
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 would result in a 
significant savings in maintenance costs with no effect on navigational 
traffic.

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). 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 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 3 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 
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.).

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 rule 
and concluded that, under section 2.B.2 of Commandant Instruction 
M16475.1 (series), this proposal is categorically excluded form further 
environmental documentation. An ``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.

Proposed Regulations

    In consideration of the foregoing, 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).

    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 the passage of vessels.

    Dated: September 21, 1994.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 94-24157 Filed 9-29-94; 8:45 am]
BILLING CODE 4910-14-M