[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47427-47428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24052]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-98-052]
RIN 2115-AE47
Drawbridge Operation Regulation; Lafourche Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the regulation for the
operation of the draw of the SR1 vertical lift bridge across Lafourche
Bayou, mile 13.3, in Leeville, Lafourche Parish, Louisiana. The draw
will remain closed to navigation continuously from noon on Mondays
through noon on Fridays from October 5, 1998, through November 6, 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. This temporary rule is issued to allow for the replacement
of the electrical and mechanical components of the bridge.
DATES: This temporary rule is effective from noon on October 5, 1998
through noon on November 6, 1998.
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:
Phil Johnson or 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 June 5, 1998, the Louisiana Department of
Transportation and Development (LDOTD), requested a change to the
operating schedule of the SR1 vertical lift bridge across Lafourche
Bayou, mile 13.3, in Leeville, Lafourche Parish, Louisiana. LDOTD
requested that the bridge be closed to navigation continuously from 7
a.m. on Tuesday through 7 p.m. on Thursday each week from July 7, 1998
through July 30, 1998. The reason for the closure was to allow for the
replacement of the four (4) lift Cables on the bridge. The District
Commander granted the deviation request on June 11, 1998. The deviation
(CGD 08-98-28) was published in the Federal Register on Friday, June
19, 1998 (63 FR 33575). The lift cables were replaced and work was
completed by July 30, 1998.
Additionally, on June 5, 1998, LDOTD requested a second temporary
deviation from the regulation governing the operation of the SR1
vertical lift bridge across Lafourche Bayou, mile 13.3, in Leeville,
Lafourche Parish, Louisiana. LDOTD requested that the bridge be closed
to navigation from 7 am. until 9 a.m.; 9:30 am. until noon; 12:30 p.m.
until 3 p.m.; and 3:30 p.m. until 7 p.m., Monday through Friday, except
Federal holidays, from August 3, 1998, until October 2, 1998. This
temporary deviation was requested to allow for general maintenance
repairs. The District Commander granted the deviation request on July
11, 1998. The deviation (CGD 08-98-30) was published in the Federal
Register on Friday, June 19, 1998 (63 FR 33577). General maintenance
repairs are currently underway and the deviation is in effect.
On July 16, 1998, LDOTD requested a modification to temporary
deviation (CGD 08-98-30) to allow the bridge to be closed continuously
during the mid-week period for two weeks in August, two weeks in
September, and two weeks in October. LDOTD stated that the contractor
was unable to complete scheduled electric and mechanical repairs
without disconnecting power to the bridge rendering the draw
inoperable. LDOTD subsequently requested that the SR1 vertical lift
bridge across Lafourche Bayou, mile 13.3, in Leeville, Lafourche
Parish, Louisiana remain closed to navigation continuously from noon on
Mondays through noon on Fridays from October 5, 1998, through November
6, 1998. This closure would allow the contractor to replace the
electrical and mechanical components on the bridge. The contractor can
not complete these repairs without disconnecting power to the bridge,
rendering the draw inoperable.
In making this revised request for closure, LDOTD has moved the
dates of the closure outside of the height of hurricane season.
However, 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 contractor has also worked out an agreement with
the Port Authority which will allow larger vessels that are unable to
transit through the bridge while in the closed-to-navigation position
to off load their catch below the bridge. Since the applicant has
adequately resolved the concerns of the Coast Guard, the District
Commander is granting LDOTD's request for a temporary change to bridge
operating procedures.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
for this rule has been published, and good cause exists for making it
effective in less than
[[Page 47428]]
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 a complete 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 under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This is because the majority of vessels using the waterway
will not be affected by the closure. The majority of the fishing
vessels are able to transit under the bridge, which has a vertical
clearance of 40 feet above mean high water in the closed-to-navigation
position. Additionally, larger vessels will be able to off load their
cargoes downstream of the bridge site.
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
dominate 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 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.
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 noon, October 5, 1998, through noon, November 6, 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
to signal, except that; from noon on October 5, 1998, through noon on
November 6, 1998, the draw will remain closed to navigation
continuously from noon on Mondays through noon on Fridays. 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: August 27, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-24052 Filed 9-4-98; 8:45 am]
BILLING CODE 4910-15-M
