[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68198-68199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32846]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-95-026]
RIN 2115-AE47


Drawbridge Operation Regulation; Bonfouca Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of supplemental proposed rulemaking; Notice of temporary 
deviation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising its proposal concerning the 
operation of the swing span drawbridge across Bonfouca Bayou, mile 7.0, 
at Slidell, St. Tammany Parish, Louisiana. This supplemental proposal 
is the result of comments on the notice of proposed rulemaking. The 
revised proposal would provide that the draw need not open for passage 
of vessels during peak vehicular traffic periods. This change will 
allow for the timely passage of school busses and relieve vehicular 
traffic congestion that has increased dramatically during recent years 
and still provide for the reasonable needs of navigation.
    In order to test the revised schedule and closing times in this 
supplemental proposal, the District Commander authorized a temporary 
deviation in drawbridge operation regulations for the Bonfouca Bayou 
drawbridge effective through December 21, 1996. The Coast Guard 
requests comments on the test schedule.

DATES: Comment must be received on or before January 10, 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 a.m. and 
3 p.m., Monday through Friday, except Federal holidays. The telephone 
number is (504) 589-2965.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge 
Administration Branch, at the address and telephone number given above.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to participate in the proposed 
rulemaking and to comment on the temporary deviation 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 
supplemental proposal. Persons desiring acknowledgement 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 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 
comments received and determine a course of final action on this 
proposal. The supplemental proposal may again be changed in the light 
of comments received.
    The temporary deviation is effective for 90 days from September 23, 
1996 through December 21, 1996.

Discussion of Proposed Rules

    The Bonfouca Bayou, swingspan bridge at mile 7.0, at Slidell, St. 
Tammany Parish, Louisiana, has 3.5 feet vertical clearance above high 
tide in the closed to navigation position and 6.7 feet above low tide 
at the pivot pier, and 8.2 feet clearance above high tide and 11.4 feet 
above low tide at the rest pier. Navigation on the waterway consists of 
tugs with tows, fishing vessels, sailing vessels, and other 
recreational craft. Annualized data provided by the Louisiana 
Department of Transportation and Development (LDOTD) show that from 
September 1994 through September 1995, a total of 207 vessels passed 
the bridge between 6 a.m. and 9 a.m. throughout the year and a total of 
406 vessels passed the bridge between 3 p.m. and 6 p.m. throughout the 
year. The data also shows that on average 1532 vehicles cross the 
bridge between 6 a.m. and 9 a.m. each day and 2261 vehicles cross the 
bridge between 3 p.m. and 6 p.m. each day.
    Reduced to a monthly rate, the above data reflects the fact that on 
average, 17 vessels pass and 45,960 vehicles cross the bridge each 
month during the morning period and 34 vessels pass and 67,830 vehicles 
cross the bridge during the afternoon period.
    The Louisiana Department of Transportation and Development with the 
support to Congressman Robert L. Livingston and many other parish and 
city officials, previously requested that the bridge remain closed from 
6 a.m. to

[[Page 68199]]

9 a.m. and from 3 p.m. to 6 p.m. in order to expedite passage of 
vehicular traffic, that crosses the bridge during the peak traffic 
periods. A notice of proposed rulemaking was published in 61 Federal 
Register 19223 dated Wednesday, May 1, 1996 which announced the 
original proposed rulemaking and solicited comments of support or 
opposition. Mariners and business owners, located upstream of the 
bridge commented on the proposal, stating that their businesses would 
suffer if vessels were not permitted to transit above the bridge for 
periods of three continuous hours. Additionally, local commercial 
marine interests, requested that the draw open on demand from 9 p.m. to 
5 a.m. if at least 4 hours advance notice is given, in lieu of 12 hours 
notice. A meeting was held in Slidell, Louisiana on June 19, 1996 
attended by the Greater Slidell Chamber of Commerce, City of Slidell 
officials, maritime industry members, and concerned citizens to discuss 
this proposal. The proposed rule is being revised to reflect these 
comments, concerns and suggested changes.

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 of this proposal 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.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).

    2. Section 117.433 is revised to read as follows:


Sec. 117.433   Bonfouca Bayou.

    The draw of the S433 bridge, mile 7.0, at Slidell, shall operate as 
follows:
    (a) The draw need not open for passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except 
Federal holidays.
    (b) The draw need open only on the hour and half-hour from 6 a.m. 
to 7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except 
Federal holidays.
    (c) The draw shall open on signal from 9 p.m. to 5 a.m., if at 
least 4 hours notice is given to the LDOTD Security Service at (504) 
375-0100.
    (d) At all other times the draw shall open on signal.

    Dated: November 26, 1996.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-32846 Filed 12-26-96; 8:45 am]
BILLING CODE 4910-14-M