7122 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations

drawbridges over the Red River in

Arkansas.

EFFECTIVE DATE: This rule is effective on

February 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge

Administrator, Second Coast Guard

District, (314) 539–3724.

SUPPLEMENTARY INFORMATION: This

rulemaking is procedural in that it

changes the location in the CFR of

existing regulations, but does not

substantively change the requirements

of these regulations. Therefore, under

the provisions of 5 U.S.C. 553(b)(3),

notice and an opportunity to comment

is not required and this rule may be

made effective upon publication.

Drafting Information

The principal persons involved in

drafting this document are Roger K.

Wiebusch, Project Officer, Bridge

Branch, and LT S. Moody, Project

Attorney, Second Coast Guard District

Legal Office.

Discussion of Change

The Red River flows through both the

states of Louisiana and Arkansas. The

drawbridges over the Red River in both

states have been regulated in one CFR

section, § 117.35, which was cross

referenced in § 117.491. This rule,

together with a separate rule revising

§ 117.491 (CGD08–94–026), concerning

the drawbridges over the Red River in

Louisiana separates the regulation of the

drawbridges over the Red River by state.

As a result of the completion of locks

and dams 4 and 5 in December 1994 by

the U.S. Army Corps of Engineers, the

Red River will open for commercial

navigation in late January 1995. The

completion of these projects is expected

to cause an increase in the commercial

vessel traffic on the Louisiana section of

the Red River. No changes in traffic are

anticipated on the Arkansas portion.

However, the anticipated increase in

vessel traffic on the Louisiana portion of

the Red River has necessitated a change

in drawbridge openings over the Red

River in Louisiana. The changes for

bridges over the Red River in Louisiana

are published elsewhere in today’s issue

of the Federal Register, docket number

CGD08–94–26. Section 117.491 now

regulates only the drawbridges over the

Red River in Louisiana. The rule revises

§ 117.135 to now regulate only those

drawbridges over the Red River in

Arkansas. This final rule makes no

substantive changes to the operating

requirements of the Arkansas

drawbridges.

Regulatory Evaluation

This rule is not significant regulatory

action under 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

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule 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 in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard has reviewed the

environmental impact of this rule and

concluded that under section 2.B.2 of

the NEPA Implementing Procedures,

COMDTINST M16475.1B, this proposal

is categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the human

environment. A Categorical Exclusion

Determination is available in the docket

for inspection or copying in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

PART 117—DRAWBRIDGE

OPERATION 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:

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. Section 117.135 is revised to read

as follows:

§ 117.125 Red River.

The draws of the bridges above Mile

276.0 at the Arkansas Louisiana border,

need not be open for the passage of

vessels.

Dated: January 23, 1995.

Paul M. Blayney,

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

Second Coast Guard District.

[FR Doc. 95–2995 Filed 2–6–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD08–94–026]

RIN 2115–AE47

Drawbridge Operation Regulation; Red

River, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: With the completion of locks

and dams 4 and 5 in December 1994 by

the U.S. Army Corps of Engineers, the

Red River will be open for commercial

navigation in late January 1995. At

present, all bridges up to mile 177.9

must open on signal with at least 48-

hours advance notice. The continuation

of such a rule would severely restrict

the movement of prospective

commercial navigation on the waterway

and would create a burden on the bridge

owners. This final rule changes the

regulation governing the operation of six

drawbridges across the Red River

located between mile 59.5 and mile

105.8. Bridges located between mile

105.8 and mile 234.4 will remain on 48-

hours advance notice. Bridges located

above mile 234.4 need not be opened for

the passage of vessels. This rule will

accommodate the needs of vehicular

traffic and still provide for the

reasonable needs of navigation.

EFFECTIVE DATE: February 7, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Commander(ob),

Eighth Coast Guard District, 501

Magazine Street, New Orleans,

Louisiana 70130–3396, between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (504) 589–2965.

FOR FURTHER INFORMATION CONTACT: Mr.

John Wachter, Bridge Administration
Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7123

Branch, at the address given above,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are Mr.

John Wachter, project officer, and LT

Elisa Holland, project attorney.

Regulatory History

On November 8, 1994, the Coast

Guard published a notice of proposed

rulemaking entitled Drawbridge

Operation Regulation; Red River, LA in

the Federal Register (59 FR 55599). The

Coast Guard received two letters

commenting favorably on the proposal.

No public hearing was requested, and

none was held. This final rule is being

made effective on the date of

publication. The Red River will be open

to commercial navigation in late January

1995. Maintaining the present

regulation for thirty days after

publication of the final rule in the

Federal Register will be a burden on

commercial navigation and the bridge

owners. There were no comments

objecting to the change in the regulation

from 48-hours to 8-hours notice. For

these reasons, the Coast Guard for good

cause finds, under 5 U.S.C. 553(b)(B)

and (d)(3), that delaying the effective

date of this rule is contrary to the public

interest and that this rule should be

made effective in less than 30 days after

publication.

Background and Purpose

With the completion of locks and

dams 4 and 5 in December 1994, by the

U.S. Army Corps of Engineers, the Red

River will be open for commercial

navigation in late January 1995. As a

result of that project, the mileage of the

Red River has changed. All mileages

referred to in this regulation are postproject mileages. The entire stretch of

the Red River flowing through Louisiana

is presently regulated by Section

117.135, which is cross referenced in

§ 117.491. The Red River in Louisiana

will now be governed by § 117.491.

Section 117.135 is being revised by a

separate rule (CGD02–94–016,

published elsewhere in today’s Federal

Register) to regulate only the

drawbridges on the Red River in the

state of Arkansas. The present

regulation requiring all bridges up to

mile 177.9 to open on signal with at

least 48-hours advance notice would

severely restrict the movement of

prospective commercial navigation on

the waterway. Thus, the reason for the

final rule. The anticipated vessel count

for calendar year 1995 is approximately

370, but is expected to increase

significantly in year 1996. Existing

operating regulations for bridges from

mile 105.8 to the Arkansas border at

approximately mile 276 remain

unchanged.

Discussion of Comments and Changes

Two comments were received. The

National Marine Fisheries Service

offered no objection to the proposed

rule change. The other comment

endorsed the proposed rule change.

Assessment

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 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).

Small Entities

A full regulatory evaluation of this

rule is unnecessary. This rule will be

less restrictive on commercial

navigation. This rule will require bridge

owners to open the draws of the bridges

listed on fewer hours notice, however,

each bridge owner will still have 8-

hours notice. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

This rulemaking has been thoroughly

reviewed by the Coast Guard and it has

been determined to be categorically

excluded from further environmental

documentation in accordance with

section 2.B.2.g.5 of Commandant

Instruction M16475.1B. A Categorical

Exclusion Determination has been

prepared and placed in the rulemaking

docket.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard amends 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. Section 117.491 is revised to read

as follows:

§ 117.491 Red River.

(a) The draws of the following bridges

shall be opened on signal if at least eight

hours notice is given:

(1) S107 bridge, mile 59.5, at Moncla

(2) S28 (Fulton Street) bridge, mile 88.1,

at Alexandria

(3) Union Pacific Railroad bridge, mile

90.1, at Alexandria

(4) S8 bridge, mile 105.8, at Boyce

(b) The Kansas City Southern Railroad

bridge, mile 88.0, at Alexandria shall

open on signal if at least eight hours

notice is given; except that, for openings

on Saturday or Sunday and Monday if

it is a federal holiday, notice must be

given for an opening of the draw by 4

p.m. on Friday; and in the event a

federal holiday falls during a weekday

other than Monday, notice must be

given by 4 p.m. the day prior to that

holiday.

(c) The draw of the US 165 (Jackson

St.) bridge, mile 88.6, at Alexandria,

shall open on signal if at least eight

hours notice is given; except that, from

7 a.m. to 9 a.m. and from 4 p.m. to 6

p.m. the draw need not be opened

Monday through Friday except

holidays.

(d) The draws of the bridges above

mile 105.8 through mile 234.4 shall

open on signal if at least 48 hours notice

is given.

(e) The draws of the bridges above

mile 234.4 to mile 276 need not be

opened for passage of vessels.

(f) When a vessel which has given

notice fails to arrive at the time

specified in the notice, the drawtender

shall remain on duty for up to two

additional hours to open the draw if that

vessel appears. After that time, a new

notice of the appropriate length of time

is required.

Dated: January 10, 1995.

R.C. North,

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

Eighth Coast Guard District.

[FR Doc. 95–2996 Filed 2–6–95; 8:45 am]

BILLING CODE 4910–14–M