Drawbridge Operation Regulations; Sabine River, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-025]

RIN 2115-AE47

Drawbridge Operation Regulations; Sabine River, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Louisiana Department of Transportation

and Development, the Coast Guard is considering a change to the

regulation governing the operation of the swing span bridge on Route LA

12 over the Sabine River, mile 40.8 near Starks, between Calcasieu

Parish, Louisiana and Newton County, Texas, by permitting the draw to

remain closed to navigation at all times. The draw presently opens on

call with 24 hours advance notice, however, there is no significant

navigation on the waterway and there have been no requests to open the

bridge for passage of marine traffic for 20 years.

DATES: Comments must be received on or before November 29, 1994.

ADDRESSES: Comments may be mailed to Commander(ob), Eighth Coast Guard

District, 501 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. David Frank, Bridge Administration Branch, (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD08-94-025) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. The Coast Guard requests that all comments and

attachments be submitted in an unbound format suitable for copying and

electronic filing. If not practical, a second copy of any bound

materials is requested. Persons wanting acknowledgment of receipt of

comments should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Mr. David Frank 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.

Drafting Information

The principal persons involved in drafting this document are Mr.

David Frank, Project Officer and Lieutenant Elisa Holland, Project

Attorney.

Background and Purpose

Upon request by the bridge owner, the Coast Guard is considering

permitting the draw to remain permanently closed. Navigation requiring

openings is non-existent and the bridge has not been opened for twenty

years. There is no commercial navigation on the waterway in the

vicinity of the bridge crossing. Vertical clearance of the bridge in

the closed position is 6 feet above mean high water and 20 feet above

low water. The occasional small recreational boat which uses the

waterway can transit the bridge without requiring an opening.

Permitting the permanent closure of the draw would result in a

significant savings in maintenance costs with no effect on navigational

traffic.

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 cost and benefits under section 6(a)(3) of that order. It has

been exempted from review 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

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 must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632). Because it expects the impact of this proposal to be

minimal, 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 rule contains no collection of information requirements under

the 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 rule

and concluded that, under section 2.B.2 of Commandant Instruction

M16475.1 (series), this proposal is categorically excluded form further

environmental documentation. An ``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.

Proposed Regulations

In consideration of the foregoing, 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).

2. Section 117.493 is revised to read as follows:

Sec. 117.493 Sabine River.

(a) The draws of the Southern Pacific railroad bridge, mile 19.3

near Echo, and the Kansas City Southern railroad bridge, mile 36.2 near

Ruliff, shall open on signal if at least 24 hours notice is given.

(b) The draw of the S12 bridge, mile 40.8, at Starks, need not be

opened for the passage of vessels.

Dated: September 21, 1994.

R.C. North,

Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.

[FR Doc. 94-24157 Filed 9-29-94; 8:45 am]

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