[Federal Register Volume 65, Number 230 (Wednesday, November 29, 2000)]
[Rules and Regulations]
[Pages 71058-71059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30391]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-026]
RIN 2115-AE47


Drawbridge Operating Regulation; Neches River, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing this rule as a matter of 
information to the public. The Kansas City Southern Lift Bridge across 
the Neches River, mile 19.5, in Beaumont, TX is currently controlled 
from a remote location. The owner of the bridge, The Kansas City 
Southern Railway Company operates the bridge from their dispatch office 
in Shreveport, LA. This rule provides the public with a complete 
description of the operation of this bridge.

DATES: This rule becomes effective on November 29, 2000.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, Hale Boggs Federal Building, room 1313, 
501 Magazine Street, New Orleans, Louisiana 70130-3396 between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (504) 589-2965. Commander (ob) maintains the public 
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, telephone number 504-589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM.
    An NPRM is not necessary because this rule makes no substantive 
changes to the operation of the Kansas City Southern Lift Bridge, but 
it does describe the full remote operation of the bridge for the 
benefit of the public.

Background and Purpose

    The Kansas City Southern Lift Bridge across the Neches River, mile 
19.5, in Beaumont, TX is a remotely operated railroad bridge that opens 
to navigation on demand. The owners of the bridge, The Kansas City 
Southern Railway Company operates the bridge remotely from Shreveport, 
LA and has installed a sound device that transmits the vessel signals 
for an opening to the bridge operator. Then, through this same device, 
the bridge operator can respond whether the bridge can be opened at 
that time or not. No changes will be made to how the bridge currently 
operates.
    For the benefit of the public, the Coast Guard is adding a 
description of the full operation of this remotely operated bridge to 
33 CFR 117 subpart b.

[[Page 71059]]

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order (E.O.) 12866 and does not require an 
assessment of potential costs 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 final 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 considers whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include (1) small businesses, 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.
    Because the Coast Guard expects there to be no impact from this 
rule, it 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. The Coast Guard expects no impact from this rule. There will 
be no changes made to the operation of the bridge.

Collection of Information

    This final rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this final rule under E.O. 13132 and have 
determined that this final rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This final rule would not impose an unfunded mandate.

Taking of Private Property

    This final rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this final rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This final 
rule is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this final rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this final rule is categorically excluded from 
further environmental documentation. This final rule will not change 
the operation of the bridge. A ``Categorical Exclusion Determination'' 
is available in the docket 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 is 
amending 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, 105 
Stat. 5039.


    2. In Sec. 117.971, the existing text is re-designated as paragraph 
(b) and a new paragraph (a) is added to read as follows:


Sec. 117.971  Neches River

    (a) The draw of the Kansas City Southern automated bridge, mile 
19.5, at Beaumont, is not constantly manned and is operated from a 
remote site in Shreveport, Louisiana. The bridge is normally maintained 
in the closed to navigation position, providing 13 feet of vertical 
clearance above mean high tide. This bridge will open on signal.
    (1) Mariners may request a bridge opening at anytime via one of the 
following methods:
    (i) Telephone at 1-877-829-6295;
    (ii) Marine radio on VHF-FM Channel 16; or
    (iii) Proper sound signal as prescribed in Sec. 117.15.
    (2) When signaling by sound, if return sound signal is not sent 
from the remote bridge operator, in compliance with Sec. 117.15, 
contact the remote operator via telephone or marine radio.
    (3) An audible warning siren will sound when the bridge is in 
motion. Video cameras will constantly monitor the waterway near and 
under the draw. Once a vessel has passed through the bridge, the draw 
will lower, provided the infrared ``under bridge'' presence detector 
and video cameras reveal nothing under the draw.
* * * * *

    Dated: November 13, 2000.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 00-30391 Filed 11-28-00; 8:45 am]
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