[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Proposed Rules]
[Pages 19222-19224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10821]
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[[Page 19223]]
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD8-95-026]
RIN 2115-AE47
Drawbridge Operation Regulation; Bonfouca Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Louisiana Department of Transportation
and Development (LDOTD), the Coast Guard is proposing a change to the
regulation governing the operation of the swing span drawbridge across
Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana.
The proposed regulation would require that from 6 a.m. to 9 a.m. and
from 3 p.m. to 6 p.m., peak vehicular traffic periods, Monday through
Friday, except Federal holidays, the draw will remain closed to
navigation. From 9 p.m. to 5 a.m. the bridge will be opened for vessel
passage if at least 12 hours notice is given. Presently, the draw is
required to open on signal; except that, from 6 a.m. to 9 a.m. and from
3 p.m. to 6 p.m., Monday through Friday except Federal holidays, the
draw opens on the hour and half hour and the draw opens on demand from
9 p.m. to 5 a.m. if at least 12 hours advance notice is given. This
change will relieve vehicular traffic congestion that has increased
dramatically during recent years, and still provide for the reasonable
needs of navigation.
DATES: Comments must be received on or before July 1, 1996.
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 8:00 a.m.
and 3:00 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 given
above, telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested parties are invited to participate in the proposed
rulemaking 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 proposal. Persons desiring acknowledgment 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 determines 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
communications received and determine a course of final action on this
proposal. The proposal regulation may be changed in the light of
comments received.
Discussion of Proposed Rules
The present regulation requires that the bridge remain closed to
navigation from 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m., Monday through
Friday except Federal holidays with the draw opening on the half hour
during these periods. The Louisiana Department of Transportation and
Development with the support of Congressman Robert L. Livingston and
many other parish and city officials, has requested the elimination of
the opening on the half hour in order to enhance vehicular traffic to
cross the bridge during the peak vehicular traffic periods. Mariners
will be able to adjust to the new closures with little or no
inconvenience.
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 recreational
craft. Data provided by LDOTD show that from September 1994 through
September 1995, the number of vessels that passed the bridge during the
proposed closure periods averaged 1.8 vessels per day.
Data provided also shows that approximately 1532 vehicles cross the
bridge during the proposed 6 a.m. to 9 a.m. closure and approximately
2261 vehicles cross the bridge during the proposed 3 p.m. to 6 p.m.
closure. Delays to this amount of vehicular traffic paralyze this
section of the city for many hours.
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 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. 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.
[[Page 19224]]
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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
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 open on
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on
signal if at least 12 hours notice is given. From 6 a.m. to 9 a.m. and
from 3 p.m. to 6 p.m. Monday through Friday except Federal holidays,
the draw need not be opened for the passage of vessels.
Dated: January 25, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander Eighth Coast Guard District.
[FR Doc. 96-10821 Filed 4-30-96; 8:45 am]
BILLING CODE 4910-14-M
