[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Rules and Regulations]
[Pages 51300-51302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25669]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-98-062 and CGD 08-98-052]
RIN 2115-AE47
Drawbridge Operations Regulation; Lafourche Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule; withdrawal of temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the operation of the
draw of the SR1 vertical lift bridge across Lafourche Bayou, mile 13.3,
in Leeville, Lafourche Parish, Louisiana. From October 5, 1998, until
November 5, 1998, the draw need not open for navigation from 8 a.m.
until noon and from 1 p.m. until 6 p.m. on Mondays and from 7 a.m.
until 7 p.m. on Tuesdays, Wednesdays, and Thursdays. Additionally, the
draw may remain closed to navigation for two 48-hour periods on the
weekends of October 10-12, 1998, and October 17-19, 1998. This
temporary rule is issued to allow for the replacement of the electrical
and mechanical components of the bridge. The previous temporary rule
published on September 8, 1998, is withdrawn.
DATES: This temporary rule is effective from 8 a.m. on October 5, 1998
through 7 p.m. on November 5, 1998. The temporary rule published on
September 8, 1998, (63 FR 47427) is withdrawn.
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: On September 8, 1998, a temporary rule was
published in the Federal Register (63 FR 47427) requiring the draw of
the SR 1 bridge, mile 13.3, at Leeville, to open on signal, except
that; from noon on October 5, 1998, through noon on November 6, 1998,
the draw may remain
[[Page 51301]]
closed to navigation continuously from noon on Mondays through noon on
Fridays.
Following re-publication of the temporary rule in the Local Notice
to Mariners, several shrimpers and shipyard owners expressed concerns
that the proposed bridge closure would have an adverse economic
hardship on them. A meeting was held with the Lafourche Parish Port
Authority, the Louisiana Department of Transportation and Development
(LDOTD), the contractor, shrimpers, shipyard owners, and the Coast
Guard to attempt to modify the repair/maintenance work schedule and to
make bridge operations more responsive to the needs of navigation.
At this meeting, a new schedule of work that could accomplish the
needed maintenance and also would be less burdensome on navigation
interests was agreed upon. The new schedule of work requires that from
October 5, 1998, until November 5, 1998, the bridge shall open on
signal except the bridge need not open for the passage of vessels from
8 a.m. until noon, and from 1 p.m. until 6 p.m. on Mondays and from 7
a.m. until 7 p.m. on Tuesdays, Wednesdays, and Thursdays. Additionally,
the bridge need not open for the passage of vessels from 7 a.m. on
Saturday, October 10, 1998, until 7 a.m. on Monday, October 12, 1998,
and from 7 a.m. on Saturday, October 17, 1998, until 7 a.m. on Monday,
October 19, 1998.
All parties agreed that one or two continuous 48-hour closures
would be less burdensome on mariners if they occurred on the weekends.
While the contractor expects to only need one 48-hour closure, a second
48-hour closure is scheduled in case of inclement weather or other
unforeseen situations which may keep the contractor from working during
the weekend of October 10-12. If the work necessitating the 48-hour
closure is accomplished during the weekend of October 10-12, 1998, the
bridge will be able to open on signal on the weekend of October 17-19,
1998. Local Notice to Mariners and Broadcast Notice to Mariners will
provide information on work progress and bridge openings for the
weekends of October 10-12, 1998 and October 17-19, 1998.
In the event of an approaching tropical storm or hurricane, work on
the bridge will be discontinued and the draw will return to normal
operation.
The Coast Guard is, therefore, withdrawing the temporary rule
published on September 8, 1998, [CGD08-98-052] and replacing it with
this new temporary operating schedule which is less burdensome to
navigation.
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 rule making procedures would have been impracticable.
There was not sufficient time to publish proposed rules in advance of
implementing the change to the bridge operating procedures or to
provide for a delayed effective date.
Background and Purpose
The bridge has a vertical clearance of 40 feet above mean high
water in the closed-to-navigation position. Mean high water elevation
is 3 feet above Mean Sea Level (MSL). 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. The contractor has requested the closure of the
bridge to allow for the replacement of the electrical and mechanical
components of the bridge and for the pulling of electric conduit wiring
on the bridge. During portions of this repair work, scaffolding may be
placed below the bridge over the navigation channel reducing the
approved vertical clearance to less than 40 feet above mean high water.
The reduction in the vertical clearance will be approximately 4 feet.
Additionally, if a tropical storm or hurricane develops in the Gulf of
Mexico, work will be discontinued and the bridge returned to normal
operation for the passage of vessel traffic. Alternate routes are
available to vessel operators wishing to enter the area. This work is
essential for the continued safe operation of the vertical lift span.
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
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This is because vessels using the waterway will be allowed
to transit the waterway outside of the closure times. In a meeting with
representatives of those mariners affected by the closure, it was
determined that this schedule will allow the contractor to complete the
required repairs to the bridge while minimizing the effects on
navigation interests.
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 vessels and
fishing vessels that normally transit the bridge will still be able to
do so beneath the bridge in the closed-to-navigation position. 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.
[[Page 51302]]
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 October 5, 1998, through 7 p.m. on November
5, 1998, Sec. 117.465 is amended by adding paragraph (g) to read as
follows:
Sec. 117.465 Lafourche Bayou.
* * * * *
(g) The draw of the SR 1 bridge, mile 13.3, at Leeville, shall open
on signal, except as follows:
(1) From October 5, 1998, until November 5, 1998, the draw need not
open for the passage of vessels from 8 a.m. until noon and from 1 p.m.
until 6 p.m. on Mondays and from 7 a.m. until 7 p.m. on Tuesdays,
Wednesdays, and Thursdays.
(2) The draw need not open for the passage of vessels from 7 a.m.
on Saturday, October 10, 1998, until 7 a.m. on Monday, October 12,
1998, and from 7 a.m. on Saturday, October 17, 1998, until 7 a.m. on
Monday, October 19, 1998.
(3) In the event of an approaching tropical storm or hurricane,
work on the bridge will be discontinued and the draw will return to
normal operation.
Dated: September 17, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 98-25669 Filed 9-24-98; 8:45 am]
BILLING CODE 4910-15-M
