[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27676]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-94-026]
RIN 2115-AE47

 

Drawbridge Operation Regulation; Red River, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: With the completion of locks and dams 4 and 5 in December 1994 
by the U.S. Army Corps of Engineers, the Red River will be open for 
commercial navigation in January 1995. The present regulation requiring 
all bridges up to mile 177.9, to open on signal with at least 48-hours 
advance notice, would severely restrict the movement of prospective 
commercial navigation on the waterway and would create a burden on the 
bridge owners. The anticipated vessel count for calendar year 1995 is 
approximately 370, but is expected to increase significantly for 
calendar year 1996. At the request of the Red River Valley Association, 
the Coast Guard is considering a change to the regulation governing the 
operation of six drawbridges across the Red River located between mile 
59.5 and mile 105.8. Bridges located between mile 105.8 and mile 234.4 
will remain on 48-hours advance notice. Bridges located above mile 
234.4 need not be opened for the passage of vessels. This action should 
accommodate the needs of vehicular traffic and still provide for the 
reasonable needs of navigation.

DATES: Comments must be received on or before December 23, 1994.

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 p.m., Monday through Friday, except Federal holidays. The telephone 
number is (504) 589-2965.

FOR FURTHER INFORMATION CONTACT:
Mr. John Wachter, Bridge Administration Branch, at the address given 
above, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to participate in the proposed 
rulemaking by submitting written views, comments, or arguments. As a 
result of the imminent completion of the locks and dams on the Red 
River allowing commercial navigation by January 1995, only 45 days are 
being allowed for comments to ensure a final rule is published in time 
to be effective. Persons submitting comments should include their names 
and addresses, identify the bridge and give reasons for concurrence 
with or any recommended change in this proposal. Persons desiring 
acknowledgement 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 the Eighth Coast Guard District 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 LT Elisa Holland, project attorney.

Background and Purpose

    With the completion of locks and dams 4 and 5 in December 1994, by 
the U.S. Army Corps of Engineers, the Red River will be open for 
commercial navigation in January 1995. As a result of that project, the 
mileage of the Red River has changed. All mileages referred to in this 
regulation are post-project mileages. The entire stretch of the Red 
River flowing through Louisiana is presently regulated by Section 
117.135, which is cross referenced in Section 117.491. With the 
finalization of this regulation, the Red River in Louisiana will be 
governed by Sec. 117.491. Section 117.135 will be amended in the near 
future to reflect this change. The present regulation requiring all 
bridges up to mile 177.9 to open on signal with at least 48-hours 
advance notice would severely restrict the movement of prospective 
commercial navigation on the waterway. Thus, the reason for the 
proposed rule change. The anticipated vessel count for calendar year 
1995 is approximately 370, but is expected to increase significantly in 
year 1996. Existing operating regulations for bridges from mile 105.8 
to the Arkansas border at approximately mile 276 remain unchanged.

Discussion of Proposed Rules

    Six bridges in Louisiana across the Red River are affected by the 
proposed rules:
    (1) The Louisiana Department of Transportation (LDOTD), vertical 
lift span bridge, mile 59.5 on SR LA 107, at Moncla, Louisiana.
    (2) The Kansas City Southern Railroad swing span bridge, mile 88.0, 
at Alexandria, Louisiana.
    (3) The LDOTD vertical lift span bridge, mile 88.1, on SR 28 
(Fulton Street), at Alexandria, Louisiana.
    (4) The LDOTD vertical lift span bridge, mile 88.6, on US 165 
(Jackson Street), at Alexandria, Louisiana.
    (5) The Union Pacific Railroad swing span bridge, mile 90.1, at 
Alexandria, Louisiana.
    (6) The LDOTD swing span bridge, mile 105.8, on SR 8, at Boyce, 
Louisiana.
    All of these drawbridges will be required to open on signal for 
passage of vessels with at least 8 hours advance notice.
    An exception to the 8 hours notice requirement exists for two of 
the bridges, the Kansas City Southern Railroad swing span bridge, mile 
88.0, at Alexandria, and the Louisiana Department of Transportation and 
Development (LDOTD) vertical span bridge, mile 88.6, on US 165 (Jackson 
Street), at Alexandria.
    For openings of the Kansas City Southern Railroad swing span bridge 
at mile 88.0, on a Saturday or Sunday (or Monday if it is a federal 
holiday), notice must be given by 4 p.m. on the Friday afternoon prior 
to the desired draw opening. Additionally, when a federal holiday falls 
on a weekday, for openings on that holiday, notice must be given by at 
least 4 p.m. on the day prior to the holiday. Mariners can request an 
opening of the draw by calling 1-800-227-7028 at any time. This opening 
schedule is temporary. A new highrise railroad bridge is under 
construction and is scheduled to be completed in mid-1995. At that 
time, the old railroad drawbridge will be removed from the waterway.
    As for the LDOTD vertical span bridge, mile 88.6, on US 165, the 
draw will not be required to open between the hours of 7 and 9 a.m., 
and from 4 to 6 p.m., Monday through Friday, excluding holidays. The 
purpose of this closure is to allow rush hour vehicular traffic to 
cross the bridge. Data provided by LDOTD show that approximately 2070 
vehicles cross the bridge between 7 and 9 a.m. and approximately 2300 
vehicles cross the bridge between the hours of 4 and 6 p.m. During the 
past 12 months approximately 123 vessels passed the bridge. That breaks 
down to about 10 per month or about 1 vessel every three days.
    Mariners can request an opening of the draws of the LDOTD bridges 
located at river miles: 59.5, 88.1, 105.8 and 177.9 by calling 1-800-
542-3509 at any time. Openings of the Union Pacific Railroad swing span 
bridge, mile 90.1, at Alexandria, can be requested by calling (402) 
636-7442 at any time.

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 business and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Since the proposed rule also considers 
the needs 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 proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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 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 OPERATIONS 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. Section 117.491 is revised to read as follows:


Sec. 117.491  Red River.

    (a) The draws of the following bridges shall be opened on signal if 
at least eight hours notice is given:
    (1) S107 bridge, mile 59.5, at Moncla,
    (2) S28 (Fulton Street) bridge, mile 88.1, at Alexandria,
    (3) Union Pacific Railroad bridge, mile 90.1, at Alexandria,
    (4) S8 bridge, mile 105.8, at Boyce.
    (b) The Kansas City Southern Railroad bridge, mile 88.0, at 
Alexandria shall open on signal if at least eight hours notice is 
given; except that, for openings on Saturday or Sunday and Monday if it 
is a federal holiday, notice must be given for an opening of the draw 
by 4 p.m. on Friday; and in the event a federal holiday falls during a 
weekday other than Monday, notice must be given by 4 p.m. the day prior 
to that holiday.
    (c) The draw of the US 165 (Jackson St.) bridge, mile 88.6, at 
Alexandria, shall open on signal if at least eight hours notice is 
given; except that, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. the 
draw need not be opened Monday through Friday except holidays.
    (d) The draws of the bridges from mile 105.8 through mile 234.4 
shall open on signal if at least 48 hours notice is given.
    (e) The draws of the bridges from mile 234.4 to mile 276 need not 
be opened for passage of vessels.
    (f) When a vessel which has given notice fails to arrive at the 
time specified in the notice, the drawtender shall remain on duty for 
up to two additional hours to open the draw if that vessel appears. 
After that time, a new notice of the appropriate length of time is 
required.

    Dated: October 24, 1994.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 94-27676 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M