[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Proposed Rules]
[Pages 17376-17377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7949]



[[Page 17376]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-007]
RIN 2115-AE47


Drawbridge Operation Regulation; Ouachita River, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary change to the 
regulation governing the operation of the Kansas City Southern Railroad 
swing span bridge across the Ouachita River, mile 167.1, at Monroe, 
Ouachita Parish, Louisiana. The temporary rule will allow for the 
passage of vessels from June 4, 2001, through November 15, 2001 only 
during the morning hours with proper advanced notification. This 
temporary rule is issued to facilitate the repairs to the turn span of 
the bridge. Presently, the draw opens on signal at all times.

DATES: Comments and related material must reach the Coast Guard on or 
before April 16, 2001.

ADDRESSES: You may mail comments to Commander (obc), Eighth Coast Guard 
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or 
deliver them to room 1313 at the same address between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The Commander, 
Eighth Coast Guard District, Bridge Administration Branch maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the Bridge Administration 
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-01-
007), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like 
confirmation of receipt of your comments, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed temporary rule in view of comments received.
    The comment period for this NPRM is only fifteen days, so that we 
can provide an opportunity for public comment and still promulgate our 
final rule at least 30 days before the operation schedule change 
becomes effective.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a public meeting by writing to the Commander, Eighth Coast 
Guard District, Bridge Administration Branch at the address under 
ADDRESSES explaining why a public meeting would be beneficial. If we 
determine that a public meeting would aid this rulemaking, we will hold 
one at a time and place to be announced by notice in the Federal 
Register.

Background and Purpose

    The Kansas City Southern Railroad has submitted plans to repair the 
turn span of the swing span bridge across the Ouachita River, mile 
167.1, at Monroe. To facilitate the continued movement of trains across 
the bridge during the repairs, the railroad plans to remove the swing 
span and temporarily replace it with a removable span bridge with 70 
feet of horizontal clearance. The railroad has requested limited 
openings during the repair period of May 7, 2001 through November 30, 
2001. Frequent need to remove and replace the span will severely limit 
the railroad's ability to complete the repairs in a timely manner.
    Discussions were held between the railroad, its contractor, 
waterway users, and facility operators to determine the best method of 
allowing vessels to transit the waterway during the repair period. The 
discussions centered on the mariner's ability to transit the bridge 
site on any day if proper notification was given. The railroad only 
wanted to open the bridge on certain days during the morning hours. 
Mariners explained that their schedule was not such that they would 
need to go through the bridge on set days and that the proposed 
schedule by the railroad may require vessels to wait almost 48 hours 
for the passage. It was determined that due to the limited number of 
transits, openings would not be required daily but set days would not 
be acceptable.
    Following the meetings, the group recommended to the Coast Guard 
that

--The draw need not open for the passage of vessels from 2 a.m. on June 
4, 2001 through 2 a.m. on June 6, 2001, and from 2 a.m. on November 12, 
2001 until 2 a.m. on November 14, 2001.
--At all other times between June 4, 2001 and November 15, 2001, the 
draw of the bridge need not open for the passage of vessels, except 
from 8 a.m. to 11 a.m. daily for those vessels that have provided at 
least 20-hours notification.

    The two 48-hour closures will allow for the removal and replacement 
of the swing span and placement of the removable span sections of the 
bridge. Upon establishment of the removable span bridge, mariners will 
be able to transit the bridge site between the hours of 8 a.m. and 11 
a.m. daily provided at least 20-hours notification is given.

Regulatory Evaluation

    This proposed temporary rule is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866 and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it 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).
    We expect the economic impact of this proposed temporary rule to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary.
    This proposed temporary rule maintains the movement of vessels 
while allowing the bridge owner to repair his bridge as expeditiously 
as possible.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed temporary rule would have a 
significant economic impact on a substantial number of small entities. 
The term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
temporary rule would not have a significant economic impact on a 
substantial number of small entities.

[[Page 17377]]

This proposed temporary rule would affect the following small entities: 
The owners or operators of vessels intending to transit the Ouachita 
River at mile 167.1.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed temporary rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Bridge 
Administration Branch, Eighth Coast Guard District at the address 
above.

Collection of Information

    This proposed temporary 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 proposed temporary rule under Executive Order 
13132 and have determined that this 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 proposed temporary rule would not impose an unfunded 
mandate.

Taking of Private Property

    This proposed temporary rule would not effect a taking of private 
property or otherwise have taking implications under Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed temporary rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This 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 proposed temporary 
rule and concluded that, under figure 2-1, paragraph (32)(e), of 
Commandant Instruction M16475.lC, this proposed temporary rule is 
categorically excluded from further environmental documentation. This 
proposal will change an existing special drawbridge operating 
regulation promulgated by a Coast Guard Bridge Administration Program 
action. A ``Categorical Exclusion Determination'' is available in the 
docket 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. From 2 a.m. on June 4, 2001 until 6 p.m. on November 15, 2001, 
in Sec. 117.483, the existing text is redesignated as paragraph (a) and 
a new paragraph (b) is added to read as follows:


Sec. 117.483  Ouachita river.

* * * * *
    (b) The draw of the Kansas City Southern Railroad swing span 
bridge, mile 167.1, at Monroe, shall operate as follows:
    (1) The draw need not open for the passage of vessels from 2 a.m. 
on June 4, 2001, through 2 a.m. on June 6, 2001, and from 2 a.m. on 
November 12, 2001, through 2 a.m. on November 14, 2001.
    (2) At all other times between June 4, 2001, and November 15, 2001 
inclusive, the draw need not open for the passage of vessels, except 
from 8 a.m. until 11 a.m. daily, the draw shall open for vessels that 
have provided at least 20-hours notification.

    Dated: March 21, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 01-7949 Filed 3-29-01; 8:45 am]
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