Drawbridge operations: Louisiana,
[Federal Register: February 23, 1999 (Volume 64, Number 35)]
[Rules and Regulations]
[Page 8720-8722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe99-6]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-96-053]
RIN 2115-AE47
Drawbridge Operation Regulation; Chef Menteur Pass, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
SUMMARY: The Coast Guard is changing the regulation governing the operation of the U.S. Highway 90 swing span bridge across Chef Menteur Pass, mile 2.8 at Lake Catherine, Orleans Parish, Louisiana. This rule permits the draw to remain closed to navigation from 5:30 a.m. to 7:30 a.m., Monday through Friday, except Federal holidays. This change will provide for the uninterrupted flow of vehicular traffic for commuters en route to work during this period, while still providing for the reasonable needs of navigation.
DATES: This regulation becomes effective on March 25, 1999.
ADDRESSES: Unless otherwise indicated documents referred to in this notice are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch,
[[Page 8721]]
Hale Boggs Federal Building, room 1313, 501 Magazine Street, New Orleans, Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 589- 2965. The Commander, Eighth Coast Guard District, Bridge Administration Branch maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge Administration Branch, at the address given above, telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 18, 1998, the Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register (63 FR 64022). The Coast Guard received two letters in response to the NPRM. No public hearing was requested and none was held.
Background and Purpose
The U.S. Highway 90 bridge is a swing span structure which provides a vertical clearance of 11 feet above mean high water in the closed-to- navigation position and unlimited clearance in the open-to-navigation position and a horizontal clearance of 97 feet between fenders. Navigation on the waterway consists of tugs with tows, commercial fishing vessels and recreational craft. Vehicular traffic crossing the bridge during peak rush hour traffic periods has increased significantly during recent years. This is the only route available for motorists, who live in the Lake Catherine area and commute to work at the Almonaster Development District.
Data provided by the Louisiana Department of Transportation and Development shows that from July 6, 1998 through July 20, 1998, from 5:30 a.m. to 7:30 a.m. weekdays, excluding Federal holidays, the average number of vehicles which crossed the bridge was 150. Of that average, 127 vehicles were west bound and 23 were east bound. This indicates that the majority of the vehicular traffic is westbound from the Lake Catherine area toward the Almonaster Development District during this time frame. Information taken from bridge tender logs shows that from July, 1997 through June 1998, the number of vessels that passed the bridge and required openings of the draw averaged one vessel daily, during the 5:30 a.m. to 7:30 a.m. closure period on weekdays, excluding Federal holidays. This rule, which allows the draw of the bridge to remain closed to navigation Monday through Friday from 5:30 a.m. until 7:30 a.m. except Federal holidays, will facilitate the free flow of vehicular traffic during a congested rush hour period without disrupting the reasonable needs of navigation.
This final rule necessitates the redesignation of Sec. 117.435 as Sec. 117.434; Sec. 117.436 as Sec. 117.435; and a new Sec. 117.436 to be added as Chef Menteur Pass. All redesignations are administrative in nature and do not substantively affect existing operating regulations.
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 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 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 is because the number of vessels impaired during the closed-to-navigation period is minimal. Commercial fishing vessels still have ample opportunity to transit this waterway before and after the peak vehicular traffic periods.
Discussion of Comments
Two letters were received in reference to the change. The U.S. National Marine Fisheries Service stated that the change to drawbridge operating regulations would not adversely impact marine fishery resources. The Lake Pontchartrain Basin Maritime Museum, Inc. stated that they had no objection to the regulation change.
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'' may include 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.
This rule considers the needs of local commercial fishing vessels, as the study of vessels passing the bridge included such commercial vessels. These local commercial fishing vessels will continue to be able to pass the bridge in the early morning, prior to 5:30 a.m. and at any time during the day after 7:30 a.m., as well as 24 hours per day on weekends and Federal holidays. Additionally, an alternate route is available by transiting Rigolets Pass, approximately 20 miles east of Chef Menteur Pass, via the Intracoastal Waterway. Thus, the economic impact is expected to be minimal. There is no indication that other waterway users would suffer any type of economic hardship by being precluded from transiting the waterway during the two hours per day that the draw is scheduled to remain in the closed-to-navigation position. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule does 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 this rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The authority to regulate the permits of bridges over the navigable waters of the U.S. belongs to the Coast Guard by Federal statutes.
Environment
The Coast Guard considered the environmental impact of this rule and concluded that under Figure 2-1, paragraph 32(e) of Commandant Instruction M16475.1C, this rule 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 is amending Part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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.
[[Page 8722]]
Secs. 117.435 and 117.436 [Redesignated]
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Sec. 117.435 is redesignated as Sec. 117.434; Sec. 117.436 is redesignated as Sec. 117.435; and a new Sec. 117.436 is added to read as follows:
Sec. 117.436 Chef Menteur Pass.
The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake Catherine, shall open on signal; except that, from 5:30 a.m. to 7:30 a.m., Monday through Friday except Federal holidays, the draw need not open for the passage of vessels. The draw shall open at any time for a vessel in distress.
Dated: February 2, 1999. Paul J. Pluta, RADM, USCG Commander, 8th CG District.
[FR Doc. 99-4432Filed2-22-99; 8:45 am]
BILLING CODE 4910-15-M
