[Federal Register Volume 66, Number 121 (Friday, June 22, 2001)]
[Rules and Regulations]
[Pages 33471-33472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15658]


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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: Final rule.

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SUMMARY: The Coast Guard is removing the temporary operating regulation 
for the Kansas City Southern Railroad swing span bridge across the 
Ouachita River, mile 167.1, at Monroe, Ouachita Parish, Louisiana. This 
temporary rule allowed for the passage of vessels from June 4, 2001, 
through November 15, 2001, during the morning hours with proper advance 
notice. This rule is not needed as the bridge owner has decided to 
indefinitely postpone the repair activities scheduled during this time 
period.

DATES: This rule is effective June 22, 2001.

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.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, Commander (obc), Eighth Coast Guard District, 501 Magazine 
Street, New Orleans, Louisiana, 70130-3396, telephone number 504-589-
2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 8, 2001, we published a temporary final rule entitled 
Drawbridge Operating Regulation; Ouachita River, Louisiana, in the 
Federal Register (66 FR 23159). The temporary final rule changed the 
operating schedule of the Kansas City Southern Railroad swing span 
bridge, mile 167.1, at Monroe, to allow for repairs from June 4, 2001, 
through November 15, 2001.

Background and Purpose

    On May 10, 2001, following publication of the temporary final rule, 
the bridge owner informed our office that following a lengthy meeting 
between the bridge owner, the prospective contractor, and the 
Engineers, it was determined that the river stage was too high to 
guarantee project completion before the Railroad's fall deadline to 
restore uninterrupted train service. The bridge owner requested that we 
cancel the published rule. The bridge owner plans to develop plans to 
temporarily modify the existing bridge to assure that the bridge 
functions adequately until such time as the pier replacement project 
can be implemented.

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, 
1979).
    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 returns the bridge status to the requirement to open on 
signal for the passage of vessels.

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.

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 rule would not impose an unfunded mandate.

[[Page 33472]]

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.

Civil Justice Reform

    This 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. 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

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 33 CFR part 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.


Sec. 117.483  [Amended]

    2. In Sec. 117.483, remove paragraph (b) and remove the paragraph 
designation for paragraph (a).

    Dated: June 7, 2001.
Roy J. Casto,
RADM, USCG, Commander, 8th CG District.
[FR Doc. 01-15658 Filed 6-21-01; 8:45 am]
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