[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Rules and Regulations]
[Pages 4560-4561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1628]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-029]
RIN 2115-AE47


Drawbridge Operation Regulations; Superior Oil Canal, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Louisiana Department of Transportation 
and Development (LDOTD), the Coast Guard is changing the regulation 
governing the operation of the swing span bridge on State Route 82, 
across Superior Oil Canal, mile 6.3, between Grand Chenier and Pecan 
Island, Cameron Parish, Louisiana, by permitting the draw to remain 
closed to navigation unless 8 hours, notice is given for an opening of 
the draw. Presently, the draw is required to open on signal from 6 a.m. 
to 6 p.m. and from 6 p.m. to 6 a.m. the bridge opens on 4 hours, 
notice. This action will provide relief to the bridge owner, thereby 
creating a savings to the taxpayer, and still provide for the 
reasonable needs of navigation.

EFFECTIVE DATE: This regulation becomes effective on February 23, 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, Room 
1313, New Orleans, Louisiana 70130-3396, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(504) 589-6951.

FOR FURTHER INFORMATION CONTACT:
John Wachter, Bridge Administration Manager, (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 October 4, 1994, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulation; Superior Oil 
Canal, LA, in the Federal Register (59 FR 50530). The Coast Guard 
received three letters commenting on the proposal. No public hearing 
was requested, and none was held.

Background and Purpose

    LDOTD requested the 8 hours, notice for an opening of the draw 
versus on-signal opening between 6 a.m. and 6 p.m. and 4 hours, notice 
from 6 p.m. to 6 a.m. because of a decline in vessel traffic that 
passes the Superior Oil Canal bridge. This rule will eliminate the 
requirement of having a person on duty from 6 a.m. to 6 p.m. at the 
bridge site, creating a savings to the taxpayer while still serving the 
reasonable needs of navigational interests.

Discussion of Comments and Changes

    Three letters of comment were received in response to Public Notice 
CGD08-94-029 issued on October 14, 1994. The Federal Emergency 
Management Agency, the National Marine Fisheries Service and the 
Louisiana Department of Wildlife & Fisheries offered no objection to 
the rule change. Therefore, the Final Rule remains unchanged from the 
Proposed Rule.

Assessment

    This regulation 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 6a(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

    The economic impact has been found to be so minimal that a full 
regulatory evaluation is unnecessary. The basis for this conclusion is 
the number of vessels which pass the bridge, (1.9 per 24 hour period). 
The three comments received offered no objection to the proposed rule. 
Therefore, the Coast Guard certifies under section 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

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the final 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 
statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, Part 117 of Title 33, Code of 
Federal Regulations, is amended as follows: [[Page 4561]] 

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 117.495 is revised to read as follows:


Sec. 117.495  Superior Oil Canal.

    The draw of the S82 bridge, mile 6.3, in Cameron Parish shall open 
on signal if at least 8 hours notice is given. Public vessels of the 
United States and vessels in distress shall be passed as soon as 
possible.

    Dated: January 4, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 95-1628 Filed 1-23-95; 8:45 am]
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