[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]



      
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 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  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.

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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]

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