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Drawbridge Operating Regulation; Ouachita River, LA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Rules and Regulations]
[Page 23159-23161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-7]
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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]
BILLING CODE 4910-15-U