[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15437-15438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8670]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-95-028]
RIN 2115-AE47


Drawbridge Operation Regulation; Red 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 and 
the Southern Pacific Transportation Company, the Coast Guard is 
proposing a change to the regulation governing the operation of two 
swing span railroad bridges over the Red River, miles 227.0 and 228.2, 
near Shreveport, Louisiana. This proposed change would require that the 
bridges be opened on signal for passage of vessels, Monday through 
Friday, during daylight hours only, with five days prior written 
notice. The draws presently open on signal with 48 hours advance 
notice.

DATES: Comments must be received on or before June 7, 1996.

ADDRESSES: Comments may be mailed to Commander (ob), Eighth Coast Guard 
District, 510 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. Phil Johnson, 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. Phil Johnson 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 light of comments 
received.
    Background and Purpose: Upon requests by the bridge owners, the 
Coast Guard is proposing permitting the draws of two swing span 
railroad bridges over the Red River, LA, miles 227.0 and 228.2 to open 
on signal, Monday through Friday and only during daylight hours, if at 
least five days prior written notice is given. Currently, the bridges 
are required to open on signal if at least 48 hours advance notice is 
given. The bridge owners contend that the present regulation is 
unreasonable and expensive. Vessel transits through the bridge sites 
are infrequent. Since shoaling makes transits hazardous, openings will 
be limited to daylight hours for safety reasons.

Discussion of Proposed rules

    Vertical clearance of the Southern Railroad bridge at mile 227.0 in 
the closed position is 15 feet above mean high water and 50 feet above 
low water. Vertical clearance of the Kansas City Southern Railway 
Company bridge at mile 228.2 in the closed position is 5 feet above 
mean high water and 46 feet above mean low water. There is little 
commercial navigation on the waterway in the vicinity of the bridge 
crossing. The bridges were opened seven times for the passage of 
riverboat gaming vessels in the past two years. The occasional small 
recreational boat that uses the waterway can transit the bridges 
without requiring an opening. The Southern Pacific Railroad bridge at 
mile 227.0 is crossed by approximately 11 trains per day. The Kansas 
City Southern Railroad bridge at mile 228.2 is crossed by approximately 
12 trains per day. Requiring five days advance notice for an opening of 
the draw would result in a significant savings in maintenance and crew 
call-out costs with no adverse effect on navigational traffic.
    Shoaling is reported to exist throughout the Shreveport area where 
the bridges cross the Red River making transits hazardous. The Southern 
Pacific Railroad bridge at mile 227.0 was struck two times by gaming 
vessels transiting the bridge in 1994. Requiring the bridges to open 
only during daylight hours will contribute to safety.

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 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 needs of local 
commercial 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

[[Page 15438]]
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 
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 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)(3); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
102 Stat. 5039.

    2. In Sec. 117.491, paragraph (d) is revised to read as follows:


Sec. 117.491  Red River.

* * * * *
    (d) The draws of the Southern Pacific Railroad bridge, mile 227.0, 
and the Kansas City Southern Railroad bridge, mile 228.2 shall open on 
signal during daylight hours only, Monday through Friday, if at least 
five days prior written notice is given.
* * * * *
    Dated February 27, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-8670 Filed 4-5-96; 8:45 am]
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