[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Proposed Rules]
[Pages 11641-11642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6008]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-94-033, CGD08-95-011]
Drawbridge Operating Regulation; Gulf Intracoastal Waterway, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice; withdrawal of proposal rules.
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[[Page 11642]]
SUMMARY: The Coast Guard is withdrawing two notices of proposed
rulemaking to amend the regulation for the draw of the vertical lift
highway bridge across the Gulf Intracoastal Waterway, mile 35.6, west
of Harvey Locks, near Larose, Lafourche Parish, Louisiana. The proposed
rules did not meet the reasonable needs of navigation. The Coast Guard
is withdrawing the notices of proposed rulemaking and terminating these
rulemakings.
DATES: The proposed rules are withdrawn effective March 10, 1998.
ADDRESSES: Unless otherwise indicated, documents referred to in these
notices 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 telephone number is (504) 589-2965.
Commander (ob) maintains the public docket for these proposed
rulemakings.
FOR FURTHER INFORMATION CONTACT:
Mr. 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:
Regulatory History
On December 7, 1994, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (59 FR 63068). The NPRM
proposed to change the regulation governing the operation of the
vertical lift span drawbridge across the Gulf Intracostal Waterway,
mile 35.6, at Larose, Lafourche Parish, Louisiana, to require that from
7 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday,
except Friday holidays, the draw of the bridge would remain closed to
navigation for passage of vehicular traffic during peak traffic
periods. At all other times the draw would open on signal for passage
of vessels. Presently, the draw is required to open on signal at all
times.
The Coast Guard received 10 letters in response to the NPRM
objecting to the proposed rule. Many of the objectors who were
associated with the local school stated that the bridge would reopen
after an extended closure 30 minutes before the start of school
possibly affecting the ability of students to arrive at school on time.
The applicant was given an opportunity to address the objections. The
applicant modified their proposal and resubmitted a new request for a
proposed rule.
Inadvertently, a second NPRM was published in the Federal Register
(60 FR 40139) on August 7, 1995, instead of a Supplementary Notice of
Proposed Rulemaking (SNPRM). Additionally, the original NPRM was never
withdrawn. The second NPRM proposed to change the regulation governing
the operation of the vertical lift span drawbridge across the Gulf
Intracoastal Waterway, mile 35.6, at Larose, Lafourche Parish,
Louisiana, to require that from 7 a.m. to 9 a.m. and from 4:30 p.m. to
6 p.m. Monday through Friday, except Federal holidays, the draw of the
bridge would remain closed to navigation for passage of vehicular
traffic during peak traffic periods. At all other times the draw would
open on signal for passage of vessels. Presently, the draw is required
to open on signal at all times.
Two letters of objection were received in response to the second
NPRM. These objections were from waterway interests stating that the
closure would increase the risk of accidents by vessels having to wait
for bridge openings while vehicles have an alternate route across the
waterway. These concerns were forwarded to the applicant to attempt to
reach an acceptable solution. The applicant has not addressed the
concerns of these objectors or offered an alternative proposal.
The Coast Guard is, therefore, withdrawing the notices of proposed
rulemaking and terminating further rulemaking on proposals (CGD08-94-
033 and CGD08-95-011).
Dated: February 18, 1998.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-6008 Filed 3-9-98; 8:45 am]
BILLING CODE 4910-14-M
