[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9270-9271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4721]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 117
[CGD08-99-008]
RIN 2115-AE47
Drawbridge Operation Regulation; Lower Grand River, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the regulation for the
operation of the draw of the S997 pontoon bridge across the Lower Grand
River, mile 41.5 (Landside Route), at Pigeon, Iberville Parish,
Louisiana. From March 8, 1999 through August 31, 1999, the draw will
open on signal from 8 a.m. until 5 p.m. Monday through Thursday. At all
other times the bridge will open on signal if at least four hours
notice is given. This temporary rule is issued to allow for the
replacement of the bridge tender's house.
DATES: This temporary rule is effective from 8 a.m. on March 8, 1999
through 5 p.m. on August 31, 1999,
ADDRESSES: All documents referred to in this notice will be available
for inspection and copying at room 1313 in the Hale Boggs Federal
Building at Commander (ob), Eighth Coast Guard District, 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 temporary
rule.
FOR FURTHER INFORMATION CONTACT:
David Frank, Bridge Administration Branch, Commander (ob), Eighth Coast
Guard District, 501 Magazine Street, New Orleans, Louisiana, 70130-
3396, telephone number 504-589-2965.
SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development (LDOTD) requested a change to the operating schedule of
the S 997 pontoon bridge across the Lower Grand River, mile 41.5
(Landside Route), in Pigeon, Iberville Parish, Louisiana. LDOTD
requested that from March 8, 1999 until August 31, 1999, the bridge
open on signal from 8 a.m. until 5 p.m., Monday through Thursday. At
all other times, the bridge will open on signal if at least four hours
notice is given. The reason for the closure is to allow for the
replacement of the bridge tender's house.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
for this rule has not been published, and good cause exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures would be impractical and would
result in unnecessary delays to required maintenance work. Further,
alternate routes are available and few mariners will be affected by the
proposed changes due to the fact that most transits through the bridge
occur during the hours of 8 a.m. through 5 p.m. when the bridge will be
open on signal.
Background and Purpose
The bridge will open on signal during the hours of 8 a.m. until 5
p.m. Monday through Friday. At all other times, the Louisiana
Department of Transportation and Development has requested that the
bridge open on signal with at least four hours notice. The nature of
the work is to replace the bridge tenders' house. Outside of the normal
work hours when the contractor will be on site, there will be no
building available for the operator to use. A review of the summary of
navigational openings for the bridge indicates that an average of 26
openings per month occur at the bridge. The bridge owner stated that no
more than three openings occur in a day and the majority of the
openings occur during the normal work hours of 8 a.m. until 5 p.m.
Navigation on the waterway consists primarily of fishing vessels, some
tugs with tows and occasional recreational craft. Presently, the draw
opens on signal for the passage of vessels except that from 10 p.m.
until 6 a.m., the draw shall open on signal if at least four hours
notice is given. During the advanced notice period, the draw shall open
on less than four hours notice for an emergency and shall open on
demand should a temporary surge in
[[Page 9271]]
waterway traffic occur. Alternate routes are available to vessel
operators wishing to enter the area. This work is essential for the
continued safe operation of the bridge.
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. The Office of Management and Budget has not reviewed it 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 10e of the regulatory policies and procedures of DOT is
unnecessary. This is because the majority of vessels using the waterway
will not be affected by the closure. The majority of the fishing
vessels are able to transit under the bridge, which has a vertical
clearance of 40 feet above mean high water in the closed-to-navigation
position. Additionally, larger vessels will be able to off load their
cargoes downstream of the bridge site.
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 (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. The majority of commercial vessel
transit through the bridge during the hours of 8 a.m. through 5 p.m.
when the bridge will open on signal. Thus, the Coast Guard expects
there to be no significant economic impact on these vessels. The Coast
Guard is not aware of any other waterway users who would suffer
economic hardship from being unable to transit the waterway during
these closure periods. 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 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 proposal under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that this action is categorically excluded
from further environmental documentation under current Coast Guard CE #
32(e), in accordance with Section 2.B.2 and Figure 2-1 of the National
Environmental Protection Act Implementing Procedures, COMDTINST
M16475.1C. 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.
Temporary Regulations
For the reasons set out in the preamble, the Coast Guard is
temporarily amending Part 117 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; and 33 CFR 1.05-1(g);
section 117.255 also issued under the authority of Pub. L. 102-587,
106 Stat. 5039.
2. Effective 8 a.m. on March 8, 1999 through 5 p.m. on August 31,
1999, is Sec. 117.478 paragraph (c) is suspended and a new paragraph
(d) is added to read as follows:
Sec. 117.478 Lower Grand River.
* * * * *
(d) The draw of the S997 bridge, mile 41.5 (Landside Route) at
Pigeon, shall open on signal from 8 a.m. until 5 p.m. Monday through
Friday. At all other times, the bridge shall open on signal if at least
four hours notice is given.
Dated: February 12, 1999.
Paul J. Pluta
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-4721 Filed 2-24-99; 8:45 am]
BILLING CODE 4910-15-M
