[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4886-4887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2762]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-95-017]
RIN 2115-AE47


Drawbridge Operation Regulation; Sabine River, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Kansas City Southern Railroad Company 
(KCSRR), the Coast Guard is changing the regulation governing the 
operation of the swing span bridge across the Sabine River, mile 36.2, 
near Ruliff, Texas, by permitting the draw to remain closed to 
navigation at all times.

EFFECTIVE DATE: This rule is effective on March 11, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the Eighth Coast 
Guard District Office, 501 Magazine Street, Room 1313, New Orleans, 
Louisiana 70130-3396, between 8 a.m. and 3:30 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, Eighth Coast Guard 
District, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are Mr. 
John Wachter, Project Manager, Bridge Administration Branch, and LCDR 
Thomas D. Beistle Project Attorney.

Regulatory History

    On September 5, 1995, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations; Sabine 
River, LA in the Federal Register (60 FR 46069). The Coast Guard 
received two letters of no objection to the proposal. No public hearing 
was requested, and none was held.

Background and Purpose

    KCSRR requested that the draw remain permanently closed. Navigation 
requiring openings is non-existent and 

[[Page 4887]]
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 4 feet above 
mean high water and 18 feet above mean 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 will result in a significant savings in maintenance costs with no 
adverse effect on navigational traffic.

Discussion of Comments

    The National Marine Fisheries Service and Louisiana Department of 
Natural Resources offered no objection to the proposed rule change.

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).

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 rule 
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

    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.

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 rule 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.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 117 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. Sec. 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 Kansas City Southern railroad bridge, mile 36.2 near Ruliff 
and the draw of the S12 bridge, mile 40.8 at Starks, need not be opened 
for passage of vessels.

    Dated: January 25, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-2762 Filed 2-8-96; 8:45 am]
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