[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43373-43374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20615]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD08-94-032]
RIN 2115-AE47
Drawbridge Operation Regulations; Lafourche Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Greater Lafourche Port Commission,
(GLPC), the Coast Guard is changing the regulation governing the
operation of the following two drawbridges across Lafourche Bayou, in
Lafourche Parish, Louisiana:
(a) The State Route 1 (Galliano-Tarpon) vertical lift span bridge,
mile 30.6, at Cutoff, Louisiana.
(b) The State Route 1 (Cote Blanche) pontoon bridge, mile 33.9, at
Cutoff, Louisiana.
This new regulation will require that the bridges open on signal;
except that, from 2 to 3 p.m. and from 4:30 to 5:30 p.m., Monday
through Friday, other than Federal holidays, the bridges will be
permitted to remain closed to navigation.
Presently, the draws of the bridges are required to open on signal
at all times. This action will provide for the uninterrupted flow of
school bus and other vehicular traffic while still providing for the
reasonable needs of navigational interests.
EFFECTIVE DATE: This regulation becomes effective on September 20,
1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Commander (ob), Eighth Coast Guard District, 501 Magazine Street, Room
1313, New Orleans, Louisiana 70130-3396, 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. John Wachter, Bridge Administration Branch, at the address given
above, telephone (504) 589-2965.
[[Page 43374]]
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are Mr. John Wachter, project
officer, and LT Elisa Holland, project attorney.
Regulatory History
On December 13, 1994, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulation; Lafourche
Bayou, LA, in the Federal Register (59 FR 64178). The Coast Guard
received nine letters commenting on the proposal. No public hearing was
requested, and none was held.
Background and Purpose
The Greater Lafourche Port Commission (GLPC), requested the 2 to 3
p.m. and the 4:30 to 5:30 p.m. closures, Monday through Friday, other
than Federal holidays in order to provide relief to school bus traffic
and other vehicular traffic that crosses the bridges during peak hours
of land traffic congestion.
Data provided by GLPC, shows that from August 1993 through August
1994 (the most recent counts available), the number of vessels that
passed the bridges totaled 1141. This breaks down to approximately 95
vessels per month, or 3.1 vessels per day.
During the closure periods, 1530 vehicles per day cross the
Galliano-Tarpon bridge and 865 vehicles per day cross the Cote Blanch
bridge. These closures will provide relief to severely congested
vehicular traffic, while still serving the reasonable needs of
navigational interests.
Discussion of Comments and Changes
Nine letters of comment were received in response to Public Notice
CGD8-02-95 issued on January 31, 1995. The Federal Emergency Management
Agency, the National Marine Fisheries Service, the Lafourche Parish
Council, the Kansas City Southern Railway Company, a private
individual, the Federal Emergency Management Agency and the Chamber of
Commerce of Lafourche and the Bayou Region, Inc., all expressed support
for or no objection to the proposed rule. Two letters were received
that offered objections to the proposal. Bollinger Marine and a private
individual opposed the proposed rule on the grounds that the bridges
were not equipped with VHF radios. The bridges are now equipped with
VHF Radios and Bollinger Marine has written a letter withdrawing its
opposition. The private citizen also questioned the increase in
vehicular traffic in recent years. The increase in vehicular traffic is
due to the opening of LA 3235, six years ago. Now LA 1, LA 308 and LA
3235 all meet at the South Lafourche bridge. In addition, the amount of
vehicular traffic has increased due to the expansion of Port Fourchon,
the opening of a new Super-Walmart, and numerous other new businesses
in the area. As there has been an increase in vehicular traffic, the
change in the drawbridge operating regulations are necessary and the
Final Rule remains unchanged from the proposed rule.
Regulatory Evaluation
This regulation 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 6a(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).
Small Entities
The economic impact has been found to be so minimal that a full
regulatory evaluation is unnecessary. The basis for this conclusion is
the number of vessels which pass the bridge, (3.1) per day. The two
comments received offering objection to the proposed rule have been
resolved. Therefore, the Coast Guard certifies under section 605(b) of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
This rulemaking has been thoroughly reviewed by the Coast Guard and
it has been determined to be categorically excluded from further
environmental documentation in accordance with section 2.B.2.g.5 of
Commandant Instruction M16475.1B. A Categorical Exclusion Determination
statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations: In consideration of the foregoing, part 117 of title
33, Code of Federal Regulations, is amended 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 1.05-1g; Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.465 paragraphs (a) through (e) are redesignated as
(b) through (f) and a new paragraph (a) is added to read as follows:
Sec. 117.465 Lafourche Bayou.
(a) The draws of the SR1 bridge, mile 30.6 and the SR1 bridge, mile
33.9, both near Cutoff, shall open on signal; except that, from 2 p.m.
to 3 p.m. and from 4:30 p.m. to 5:30 p.m. Monday through Friday except
Federal holidays, the draws need not be opened for the passage of
vessels.
* * * * *
Dated: August 7, 1995.
C.B. Newlin,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 95-20615 Filed 8-18-95; 8:45 am]
BILLING CODE 4910-14-M
