98-28754. Drawbridge Operating Regulation; Gulf Intracoastal Waterway, Algiers Alternate Route, Louisianas  

  • [Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
    [Rules and Regulations]
    [Pages 57250-57251]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-28754]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 117
    
    [CGD08-98-061]
    RIN 2115-AE47
    
    
    Drawbridge Operating Regulation; Gulf Intracoastal Waterway, 
    Algiers Alternate Route, Louisianas
    
    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. This 
    temporary rule is issued to facilitate movement of vehicular traffic 
    for the New Orleans Open House 1998 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 31, 1998 
    until 7 p.m. on November 1, 1998.
    
    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 was not notified in time to issue a notice of 
    temporary rulemaking. For this reason, 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 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 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 31 and the three-hour closure on November 
    1, 1998. 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 
    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 ADDRESSES.
    
    List of Subjects in 33 CFR Part 117
    
        Bridges.
    
        For the reasons set out in the preamble, the Coast Guard is 
    amending
    
    [[Page 57251]]
    
    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 from 4 p.m. on October 31, 1998 through 7 p.m. on 
    November 1, 1998 Sec. 117.451 is amended by suspending paragraph (b) 
    and adding a new paragraph (f).
    
    
    Sec. 117.451  Gulf Intracoastal Waterway.
    
    * * * * *
        (f) The draw of 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 31, 1998 and from 4 p.m. until 7 p.m. on 
    Sunday, November 1, 1998, the draw need not open for the passage of 
    vessels.
    
        Dated: October 14, 1998.
    Paul J. Pluta,
    Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
    [FR Doc. 98-28754 Filed 10-26-98; 8:45 am]
    BILLING CODE 4910-15-M
    
    
    

Document Information

Effective Date:
10/31/1998
Published:
10/27/1998
Department:
Coast Guard
Entry Type:
Rule
Action:
Temporary rule.
Document Number:
98-28754
Dates:
This temporary rule is effective from 4 p.m. on October 31, 1998 until 7 p.m. on November 1, 1998.
Pages:
57250-57251 (2 pages)
Docket Numbers:
CGD08-98-061
RINs:
2115-AE47: Drawbridge Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AE47/drawbridge-regulations
PDF File:
98-28754.pdf
CFR: (1)
33 CFR 117.451