[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55137-55138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26531]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-99-057]
RIN 2115-AE47
Drawbridge Operating Regulation; Gulf Intracoastal Waterway,
Algiers Alternate Route, Louisiana
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Commander, Eighth Coast Guard District is temporarily
changing the regulation governing the operation of the State Route 23
vertical lift span drawbridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. The
Temporary rule will allow the bridge to remain closed to navigation
from 4 p.m. until 6:45 p.m. on Saturday, October 30, 1999 and from 4
p.m. until 7 p.m. on Sunday, October 31, 1999. This temporary rule is
issued to facilitate movement of vehicular traffic for the New Orleans
Open House 1999 Air Show, to be held at the U.S. Naval Air Station,
Joint Reserve Base at Belle Chasse, Louisiana.
DATES: This temporary rule is effective from 4 p.m. on October 30, 1999
until 7 p.m. on October 31, 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, 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 Bridge Administration Branch of the eighth
Coast Guard District maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge
Administration Branch, Commander (ob), Eighth Coast Guard District, 501
Magazine Street, New Orleans, Louisiana, 70130-3396, telephone number
504-589-2965.
SUPPLEMENTARY INFORMATION:
Discussion of Temporary Rule
The State Route 23 vertical lift span drawbridge across the Gulf
Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle
Chasse, Louisiana has a vertical clearance of 40 feet above mean high
water in the closed-to-navigation position and 100 feet above mean high
water in the open-to-navigation position. Navigation on the waterway
consists primarily of tugs with tows, commercial fishing vessels, and
occasional recreational craft.
The Louisiana Department of Transportation and Development has
requested a temporary rule changing the operation of the State Route 23
vertical lift span drawbridge. The rule is needed to accommodate the
additional volume of vehicular traffic that the New Orleans Open House
Air Show is expected to generate. Between 150,000 and 200,000 members
of the public are expected to attend the New Orleans Open House Air
Show on each day. The temporary rule will allow for the expeditious
dispersal of the heavy volume of vehicular traffic expected to depart
the U.S. Naval Air Station, Joint Reserve Base following the event.
The Coast Guard has determined that good cause exists to forego a
notice and comment period for this rulemaking. Following normal
rulemaking procedures in this instance would be impractical because the
Coast Guard Bridge Administration Branch did not receive notification
of the event in sufficient time to accommodate a notice and comment
period. Further, there is not enough time to reschedule or delay the
event. For the above reasons the Coast Guard has also determined that
good cause exists to make this temporary rule effective in less than 30
days after publication.
Regulatory Evaluation
This temporary 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 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 temporary 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 periods is minimal. All commercial vessels still have ample
opportunity to transit this waterway before and after the two-hour and
45-minute closure on October 30 and the three-hour closure on October
31, 1999. Additionally, a practical alternate route of approximately
seven additional miles is available via the Harvey Canal and the
Mississippi River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary 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.
The temporary rule considers the needs of local commercial fishing
[[Page 55138]]
vessels, as the study of vessels passing the bridge included such
commercial vessels. These local commercial fishing vessels will only be
inconvenienced for two hours and 45 minutes on a Saturday and three
hours on a Sunday on a one-time basis. Also, there is a practical
alternate route of approximately seven additional miles via the Harvey
Canal and Mississippi River. Thus, the economic impact is expected to
be minimal. There is no indication that other waterway users would
suffer any type of economic hardship if they are precluded from
transiting the waterway during the hours 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 temporary rule will not have
a significant economic impact on a substantial number of small
entities.
Collection of Information
This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this temporary rule does not have sufficient
implications for federalism 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
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.1C, this temporary rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESES.
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.
2. Effective October 30, 1999 through October 31, 1999 Sec. 117.451
is amended by suspending paragraph (b) and adding a new paragraph (f).
Sec. Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(f) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse, shall open on signal; except that from 4 p.m. until
6:45 p.m. on Saturday, October 30, 1999 and from 4 p.m. until 7 p.m. on
Sunday, October 31, 1999, the draw need not open for the passage of
vessels.
Dated: September 30, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-26531 Filed 10-8-99 8:45 am]
BILLING CODE 4910-15-M
