[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Rules and Regulations]
[Pages 23159-23161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11494]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 117

[CGD08-01-007]
RIN 2115-AE47


Drawbridge Operating Regulation; Ouachita River, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing 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. This rule allows for the passage of vessels from 
June 4, 2001, through November 15, 2001 during the morning hours with 
proper advance notice. This rule is issued to facilitate the repairs to 
the turn span of the bridge. Normally, the draw opens on signal at all 
times.

DATES: This rule is effective from June 4, 2001, through November 15, 
2001.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will be 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.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, Commander (ob), Eighth Coast Guard District, telephone number 
504-589-2965.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On March 30, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operating Regulation; Ouachita River, 
Louisiana, in the Federal Register (66 FR 17376). We received one 
letter commenting on the proposed rule. No public hearing was 
requested, and none was held.

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

[[Page 23160]]

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 notice.

    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 that at least 20-hours notice is given.

Discussion of Comments and Changes

    Only one letter was received for the NPRM. The Louisiana Department 
of Agriculture and Forestry offered no comments on the proposed rule. 
No changes have been incorporated into the Final Rule.

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 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, 
l979).
    We expect the economic impact of this 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 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 et seq.), the 
Coast Guard considers whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.

Assistance for Small Entities

    Under the 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, we want to assist small entities 
in understanding the rule so that they can better evaluate its effects 
on them and participate in the rulemaking process.

Collection of Information

    This 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 rule under Executive Order 13132 and have 
determined that this rule would not have implications for federalism 
under that Order. No comments were received with regards to federalism 
during NPRM comment period.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that impose 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 rule would not impose an unfunded mandate. No 
comments were received with regards to unfunded mandates during NPRM 
comment period.

Taking of Private Property

    This 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. No comments were received with regards to the taking 
of private property during NPRM comment period.

Civil Justice Reform

    This 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. No comments were received with regards to 
the taking of private property during NPRM comment period.

Protection of Children

    We have analyzed this 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 rule and concluded 
that, under figure 2-1, paragraph (32)(e), of Commandant Instruction 
M16475.lC, this rule is categorically excluded from further 
environmental documentation. Bridge Administration Program actions that 
can be categorically excluded include promulgation of operating 
regulations or procedures for drawbridges. 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 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.

[[Page 23161]]

    (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 notice.

    Dated: April 19, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-11494 Filed 5-7-01; 8:45 am]
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