[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Proposed Rules]
[Pages 40138-40139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19348]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-95-011]
RIN 2115-AE47
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 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 considering a change to the
regulation governing the operation of the vertical lift span drawbridge
across the Gulf Intracoastal Waterway, mile 35.6, at Larose, Lafourche
Parish, Louisiana. The proposed regulation would 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. This action would relieve traffic congestion on the bridge
during these periods, and still provide for the reasonable needs of
navigation.
DATES: Comments must be received on or before October 6, 1995.
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. John Wachter, 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 proposed regulation may be changed in the light of
comments received.
Drafting Information
The drafters of this regulation are Mr. John Wachter, project
officer, and LT Elisa Holland, project attorney.
Background and Purpose
The Louisiana Department of Transportation and Development has
requested the new regulation because vehicular traffic crossing the
bridge during the proposed closure periods has increased dramatically
during recent years and severe congestion occurs during peak traffic
hours. The proposed regulation would allow for the uninterrupted flow
of vehicular traffic, while still providing for the reasonable needs of
navigation.
Discussion of Proposed Rules
The Louisiana State Route 1 vertical lift span bridge across the
Guild Intracoastal Waterway, mile 35.6, at Larose, Lafourche Parish,
Louisiana, has 35 feet vertical clearance above mean high water in the
closed to navigation position and 73 feet vertical clearance above mean
high water in the open to navigation position. The horizontal clearance
is 125 feet. Navigation on the
[[Page 40139]]
waterway consists of tugs with tows, fishing vessels, sailing vessels,
oil field work boats and recreational craft. Data provided by LDOTD
show that from June 1993 through May 1994, the number of vessels that
passed the bridge during the proposed closure period from 7 a.m. to 9
a.m. averaged 1.6 vessels per day. The number of vessels that passed
the bridge during the proposed 4:30 p.m. to 6 p.m. closure averaged 1.4
vessels per day.
Data show that approximately 689 vehicles crossed the bridge during
the proposed 7 a.m. to 9 a.m. closure period and approximately 1247
vehicles crossed the bridge during the proposed 4:30 p.m. to 6 p.m.
closure period.
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.
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. In Sec. 117.451 paragraphs (c) through (f) are redesignated (d)
through (g) and a new paragraph (c) is added to read as follows:
Sec. 117.451 Gulf Intracoastal Waterway.
* * * * *
(c) The draw of the SR1 bridge, mile 35.6, at Larose, shall open on
signal; except 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 need not be
opened for the passage of vessels.
* * * * *
Dated: June 22, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 95-19348 Filed 8-4-95; 8:45 am]
BILLING CODE 4910-14-M
