[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