[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Rules and Regulations]
[Pages 8720-8722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4432]
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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.
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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
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.
[[Page 8722]]
Secs. 117.435 and 117.436 [Redesignated]
2. 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. 99-4432 Filed 2-22-99; 8:45 am]
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