[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Page 49064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23793]
[[Page 49064]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-96-003]
RIN 2115-AE47
Drawbridge Operation Regulation; Lower Grand River, Louisiana
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Iberville Parish School Board, the Coast
Guard is changing the regulation governing the operation of the pontoon
drawbridge on LA State Road 77 across the Lower Grand River
(Intracoastal Waterway, Morgan City to Port Allen, Alternate Route),
mile 47.0 at Grosse Tete, Iberville Parish, Louisiana. The bridge will
open on signal; except that from 6:00 a.m. to 8:00 a.m. and from 2:30
p.m. to 4:30 p.m., Monday through Friday, other than Federal holidays,
and only during the months when local schools are in session, the
bridge will remain closed to navigation.
EFFECTIVE DATE: This regulation becomes effective on October 18, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge
Administration Branch, (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Phil Johnson, project officer, and LTJG Stephen Alvarez, project
attorney.
Regulatory History
On April 26, 1996 the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulation; Lower Grand River,
LA in the Federal Register (61 FR 18532) dated April 26, 1996. The
Coast Guard Received no letters commenting on the proposal. No public
hearing was requested and none was held.
Background and Purpose
The Iberville Parish School Board requested the regulation because
a new, staggered starting time has been implemented for the schools in
the Parish. The extension of the morning closure for the LA 77 bridge
will assist school buses in transporting the students to their classes
in a timely manner. The new regulation allows for the free flow of
vehicular traffic, while still serving the reasonable needs of
navigational interests. For these reasons, the Coast Guard for good
cause finds, under 5 U.S.C. Sec. 553(b)(B) that notice and public
procedure on the notice are unnecessary.
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
10e of the regulatory policies and procedures of DOT is unnecessary.
The basis for this conclusion is that, during the regulated periods,
there will be very little inconvenience to vessels using the waterway.
In addition, mariners requiring the bridge openings are repeat users of
the waterway and scheduling their arrivals to avoid the regulated
periods should involve little or no additional expense to them.
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'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). This rule will have little impact on either vehicular
or navigational traffic. Since this final rule also considers the needs
of local commercial fishing vessels, and the economic impact is
expected to be minimal, the coast Guard certifies under 5 U.S.C. 605(b)
that this proposal 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 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
This final 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.2g.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.
Regulation
In consideration of the foregoing, Part 117 of Title 33, Code of
Federal Regulations, is amended 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).
2. Paragraph (b) of Sec. 117.478 is revised to read as follows:
Sec. 117.478 Lower Grand River (Intracoastal Waterway).
* * * * *
(b) The draw of the LA 77 bridge, mile 47.0 (Alternate Route) at
Grosse Tete, shall open on signal; except that, from about August 15 to
about June 5 (the school year), the draw need not be opened from 6 a.m.
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., Monday through Friday except
Federal holidays. The draw shall open on signal at any time for an
emergency aboard a vessel.
* * * * *
Dated: August 14, 1996.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 96-23793 Filed 9-17-96; 8:45 am]
BILLING CODE 4910-14-M
