Drawbridge Operation Regulation; Red River, LA

Request for Comments

Interested parties are invited to participate in the rulemaking by submitting written views, comments, or arguments. Persons submitting comments should include their names and addresses, identify the bridge and give the reason for concurrence with or any recommended change in this proposal. Persons desiring acknowledgment that their comments have been received should enclose a stamped, self-addressed postcard or envelope. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to Mr. Phil Johnson 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. The Commander, Eighth Coast Guard District, will evaluate all communications received and determine a course of final action on this proposal. The proposed regulation may be changed in light of comments received. Background and Purpose: Upon requests by the bridge owners, the Coast Guard is proposing permitting the draws of two swing span railroad bridges over the Red River, LA, miles 227.0 and 228.2 to open on signal, Monday through Friday and only during daylight hours, if at least five days prior written notice is given. Currently, the bridges are required to open on signal if at least 48 hours advance notice is given. The bridge owners contend that the present regulation is unreasonable and expensive. Vessel transits through the bridge sites are infrequent. Since shoaling makes transits hazardous, openings will be limited to daylight hours for safety reasons.

Discussion of Proposed rules

Vertical clearance of the Southern Railroad bridge at mile 227.0 in the closed position is 15 feet above mean high water and 50 feet above low water. Vertical clearance of the Kansas City Southern Railway Company bridge at mile 228.2 in the closed position is 5 feet above mean high water and 46 feet above mean low water. There is little commercial navigation on the waterway in the vicinity of the bridge crossing. The bridges were opened seven times for the passage of riverboat gaming vessels in the past two years. The occasional small recreational boat that uses the waterway can transit the bridges without requiring an opening. The Southern Pacific Railroad bridge at mile 227.0 is crossed by approximately 11 trains per day. The Kansas City Southern Railroad bridge at mile 228.2 is crossed by approximately 12 trains per day. Requiring five days advance notice for an opening of the draw would result in a significant savings in maintenance and crew call-out costs with no adverse effect on navigational traffic. Shoaling is reported to exist throughout the Shreveport area where the bridges cross the Red River making transits hazardous. The Southern Pacific Railroad bridge at mile 227.0 was struck two times by gaming vessels transiting the bridge in 1994. Requiring the bridges to open only during daylight hours will contribute to safety.

Regulatory Evaluation

This proposal 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 not been reviewed 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 proposal 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 proposal, if adopted, will have a significant economic impact on a substantial number of small entities. ``Small entities'' may include (1) small businesses and not- for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) government jurisdictions with populations of less than 50,000. Since the proposed rule also considers the needs of local commercial vessels, the economic impact is expected to be minimal. Therefore, 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 proposal 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 proposal and concluded that under paragraph 2.B.2 of Commandant Instruction M16475.1B, this proposal is categorically excluded from further environmental documentation. A ``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.

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)(3); section 117.255 also issued under the authority of Pub. L. 102-587, 102 Stat. 5039.

2. In Sec. 117.491, paragraph (d) is revised to read as follows:

Sec. 117.491 Red River.

* * * * * (d) The draws of the Southern Pacific Railroad bridge, mile 227.0, and the Kansas City Southern Railroad bridge, mile 228.2 shall open on signal during daylight hours only, Monday through Friday, if at least five days prior written notice is given. * * * * * Dated February 27, 1996. R.C. North, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 96-8670 Filed 4-5-96; 8:45 am] BILLING CODE 4910-14-M