[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]
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