[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Proposed Rules]
[Pages 59396-59397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29952]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-96-048]
RIN 2115-AE47


Drawbridge Operation Regulation; Tchefuncta River, 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) and the Town of Madisonville, Louisiana, the 
Coast Guard is proposing a change to the regulation governing the 
operation of the swing span drawbridge across the Tchefuncta River, 
mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. The proposed 
regulation would require that the draw will open on demand; except that 
from 5 a.m. until 8 p.m. the draw would open only on the hour. 
Presently, the draw is required to open on signal; except that, from 5 
a.m. to 8 p.m. the draw opens only on the hour and half-hour. This 
change of eliminating openings at the half-hour will allow for fewer 
disruptions of vehicular traffic movement and still provide for the 
reasonable needs of navigation.

DATES: Comments must be received on or before January 21, 1997.

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 8:00 a.m. 
and 3:00 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Phil Johnson, 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 is determined that the opportunity 
for oral presentations will aid in 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.

Discussion of Proposed Rules

    Extensive residential development in the Madisonville area has 
significantly increased the amount of both vehicular traffic and vessel 
traffic which use the bridge. Navigational openings, recorded by the 
LDOTD, showed that the bridge had 313 openings for the month of April, 
1996; 338 openings for May, 1996; 412 openings for June, 1996 and 407 
openings for July, 1996. The vehicular traffic count taken for a two 
week period in June 1996 by LDOTD showed that during the proposed 
regulated period for bridge openings (5 a.m. to 8 p.m.), the average 
daily traffic crossing the bridge was 9195 vehicles per day on 
weekdays, 7793 vehicles on Saturdays and 7018 vehicles on Sundays. The 
predominant waterway users of this drawbridge are recreational boaters. 
While operators of these boats may be slightly inconvenienced by the 
regulated openings, they will still have the opportunity to pass 
through the bridge with knowledge of the schedule for openings and with 
minimal planning. Most recreational boat owners that use the bridge for 
vessel passage also use the bridge for vehicular passage. Therefore, 
they too will benefit from the regulated bridge openings. The draw will 
open on signal at any time for a vessel in distress, or for an 
emergency aboard the vessel. Vertical clearance of the bridge in the 
closed position is 6.2 feet above mean high water at the west rest pier 
fender and 1.5 feet above mean high water at the pivot pier fender.

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. 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

[[Page 59397]]

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.(g)(5) 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. Section 117.500 is revised to read as follows:


Sec. 117.500  Tchefuncta River.

    The draw of the SR 22 bridge, mile 2.5, at Madisonville, shall open 
on signal; except that, from 5 a.m. to 8 p.m., the draw need open only 
on the hour. The draw shall open on signal at any time for a vessel in 
distress or for an emergency aboard a vessel.

    Dated: November 5, 1996.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-29952 Filed 11-21-96; 8:45 am]
BILLING CODE 4910-14-M