[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68198-68199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32846]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD08-95-026]
RIN 2115-AE47
Drawbridge Operation Regulation; Bonfouca Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of supplemental proposed rulemaking; Notice of temporary
deviation.
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SUMMARY: The Coast Guard is revising its proposal concerning the
operation of the swing span drawbridge across Bonfouca Bayou, mile 7.0,
at Slidell, St. Tammany Parish, Louisiana. This supplemental proposal
is the result of comments on the notice of proposed rulemaking. The
revised proposal would provide that the draw need not open for passage
of vessels during peak vehicular traffic periods. This change will
allow for the timely passage of school busses and relieve vehicular
traffic congestion that has increased dramatically during recent years
and still provide for the reasonable needs of navigation.
In order to test the revised schedule and closing times in this
supplemental proposal, the District Commander authorized a temporary
deviation in drawbridge operation regulations for the Bonfouca Bayou
drawbridge effective through December 21, 1996. The Coast Guard
requests comments on the test schedule.
DATES: Comment must be received on or before January 10, 1997.
ADDRESSES: Comments should be mailed to Commander (ob), Eighth Coast
Guard District, 501 Magazine Street, New Orleans, Louisiana 70130-3396,
or may be delivered to Room 1313 at the same address between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays. The telephone
number is (504) 589-2965.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge
Administration Branch, at the address and telephone number given above.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested parties are invited to participate in the proposed
rulemaking and to comment on the temporary deviation by submitting
written views, comments, or arguments. Persons submitting comments
should include their names and addresses, identify the bridge and give
reasons for concurrence with or any recommended change in this
supplemental proposal. Persons desiring acknowledgement that their
comments have been received should enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Eighth Coast Guard District at the
address under ADDRESSES. The request should include reasons why a
hearing would be beneficial. If it is determined that the opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
The Commander, Eighth Coast Guard District, will evaluate all
comments received and determine a course of final action on this
proposal. The supplemental proposal may again be changed in the light
of comments received.
The temporary deviation is effective for 90 days from September 23,
1996 through December 21, 1996.
Discussion of Proposed Rules
The Bonfouca Bayou, swingspan bridge at mile 7.0, at Slidell, St.
Tammany Parish, Louisiana, has 3.5 feet vertical clearance above high
tide in the closed to navigation position and 6.7 feet above low tide
at the pivot pier, and 8.2 feet clearance above high tide and 11.4 feet
above low tide at the rest pier. Navigation on the waterway consists of
tugs with tows, fishing vessels, sailing vessels, and other
recreational craft. Annualized data provided by the Louisiana
Department of Transportation and Development (LDOTD) show that from
September 1994 through September 1995, a total of 207 vessels passed
the bridge between 6 a.m. and 9 a.m. throughout the year and a total of
406 vessels passed the bridge between 3 p.m. and 6 p.m. throughout the
year. The data also shows that on average 1532 vehicles cross the
bridge between 6 a.m. and 9 a.m. each day and 2261 vehicles cross the
bridge between 3 p.m. and 6 p.m. each day.
Reduced to a monthly rate, the above data reflects the fact that on
average, 17 vessels pass and 45,960 vehicles cross the bridge each
month during the morning period and 34 vessels pass and 67,830 vehicles
cross the bridge during the afternoon period.
The Louisiana Department of Transportation and Development with the
support to Congressman Robert L. Livingston and many other parish and
city officials, previously requested that the bridge remain closed from
6 a.m. to
[[Page 68199]]
9 a.m. and from 3 p.m. to 6 p.m. in order to expedite passage of
vehicular traffic, that crosses the bridge during the peak traffic
periods. A notice of proposed rulemaking was published in 61 Federal
Register 19223 dated Wednesday, May 1, 1996 which announced the
original proposed rulemaking and solicited comments of support or
opposition. Mariners and business owners, located upstream of the
bridge commented on the proposal, stating that their businesses would
suffer if vessels were not permitted to transit above the bridge for
periods of three continuous hours. Additionally, local commercial
marine interests, requested that the draw open on demand from 9 p.m. to
5 a.m. if at least 4 hours advance notice is given, in lieu of 12 hours
notice. A meeting was held in Slidell, Louisiana on June 19, 1996
attended by the Greater Slidell Chamber of Commerce, City of Slidell
officials, maritime industry members, and concerned citizens to discuss
this proposal. The proposed rule is being revised to reflect these
comments, concerns and suggested changes.
Regulatory Evaluation
This proposal 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 proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) governmental jurisdictions
with populations of less than 50,000.
Since the proposed rule also considers the needs of local
commercial fishing vessels, the economic impact of this proposal is
expected to be minimal. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under paragraph 2.B.2.g(5) of Commandant
Instruction M16475.1B, this proposal 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 proposes
to amend 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).
2. Section 117.433 is revised to read as follows:
Sec. 117.433 Bonfouca Bayou.
The draw of the S433 bridge, mile 7.0, at Slidell, shall operate as
follows:
(a) The draw need not open for passage of vessels from 7 a.m. to 8
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except
Federal holidays.
(b) The draw need open only on the hour and half-hour from 6 a.m.
to 7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except
Federal holidays.
(c) The draw shall open on signal from 9 p.m. to 5 a.m., if at
least 4 hours notice is given to the LDOTD Security Service at (504)
375-0100.
(d) At all other times the draw shall open on signal.
Dated: November 26, 1996.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-32846 Filed 12-26-96; 8:45 am]
BILLING CODE 4910-14-M
