[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Proposed Rules]
[Pages 16122-16124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8507]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-97-007]
RIN 2115-AE47


Drawbridge Operation Regulation; Lake Pontchartrain, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the regulation 
for the operation of the north bascule twin span drawbridges across 
Lake Pontchartrain between Metairie and Mandeville, Louisiana to 
authorize them to remain closed to navigation from June 9, 1997, until 
October 10, 1997, except on alternating weekends. On alternating 
weekends during this period when working is not being conducted, the 
draws will open if 3 hours notice is given. This action is necessary to 
facilitate cleaning and painting of the bascule structures.

DATES: Comments must be received on or before May 5, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Eighth Coast Guard District, Bridge Administration Branch, 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 telephone number is (504) 589-2965. 
Commander (ob) maintains the public docket for this proposed temporary 
rule.
    Comments may be submitted to the above address.

FOR FURTHER INFORMATION CONTACT:
Phil Johnson, Bridge Administration Branch, (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. Please submit two copies of all comments and 
attachments in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for electronic filing. 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 in the implementation of this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register. Because of 
the need to proceed to final rule by June 1997, a 30 day comment period 
is being used. The affected area is a small geographic area; notice of 
publication will be provided in the local notice to mariners, and local 
business will be contacted.
    The Coast Guard will evaluate all comments received and determine a 
course of final action on this proposal. The proposed regulation may be 
changed in the light of comments received.

Background and Purpose

    The north bascule span of the Greater New Orleans Expressway 
Commission (GNOEC) across Lake Pontchartrain, Louisiana has a vertical 
clearance of 42 feet above mean high water in the closed to navigation 
position and unlimited clearance in the open to navigation position. 
The Lake Pontchartrain Causeway South Channel fixed span offers an 
alternate route with a vertical clearance of 50 feet above mean high 
water. Navigation on the waterway consists of small tugs with tows, 
fishing vessels, sailing vessels, and other recreational craft.
    For protection of the environment, the cleaning and painting 
operation requires a fully enclosed system with negative air pressure. 
The special equipment used for this procedure has to be removed each 
time the draw span is opened. Since this process is time consuming and 
costly, the equipment

[[Page 16123]]

should remain in place for 12-day periods, allowing the contractor to 
maximize work time.
    Painting operations in the counterweight area will require the 
bridge to be placed in the open to navigation position. During the time 
in which the span of one bridge is in the open position to be painted, 
the span of the other bridge will need to be closed to detour vehicular 
traffic. High weekday traffic volumes and the requirement to paint 
during daylight will require that the work be done on weekends. Records 
obtained from the GNOEC indicate that most of the marine traffic 
requiring a bridge opening is recreational sailboat traffic which 
normally transits the bridge on weekends. Therefore, painting of the 
counterweight areas will only be conducted every other weekend. The 
bridge will operate normally on the alternate weekends, when painting 
of the counterweight areas is not being conducted, and on the weekends 
of Independence Day and Labor Day, including adjoining Federal weekday 
holidays.
    The Coast Guard proposes to temporarily change the regulation for 
the operation of the Greater New Orleans Expressway Commission 
Causeway, north bascule span so that the draws need not open for the 
passage of vessels from June 9, 1997 to October 10, 1997 except that on 
the following dates the draws will open on signal if three hours notice 
is given: June 21 and 22; July 4, 5 and 6, July 19 and 20, August 2 and 
3, August 16, and 17, August 30 and 31 and September 1, September 13 
and 14 and September 27 and 28, 1997. In the event of an approaching 
tropical storm or hurricane, the bridge will be returned to the normal 
operation within 24 hours.
    The Greater New Orleans Expressway Commission has requested this 
temporary rule so that cleaning and painting of the structure can be 
accomplished. The short term inconvenience, attributable to a delay of 
vessel traffic for a maximum of twelve days at any time during this 
period, is outweighed by the long term benefits to be gained by keeping 
the bridge free of corrosion and in proper working condition.

Regulatory Evaluation

    This proposed 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. 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 
temporary rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    Bridge tender logs for 46 random weeks throughout 1996 and early 
1997 were obtained from GNOEC. The records showed that, other than 
during weeks with holidays or during weeks when sailboat regattas 
transit the bridge, an average of 6 vessels per week required openings 
of the draw spans. Out of 259 vessels which required bridge openings, 
224 were recreational sailboats, 32 were commercial vessels, 1 was a 
commercial fishing vessel and 2 were U.S. Coast Guard construction 
tenders. On average, 87% of all vessels requiring a bridge opening were 
recreational sailboats.
    The Coast Guard canvassed the small business community by 
contacting boat yards, marinas and restaurants which operate waterfront 
facilities in the Lake Pontchartrain area. They were asked if the 
proposed temporary rule would have an economic impact on their 
businesses. None of the business operators indicated that the proposed 
temporary rule would severely impact them. One business stated there 
could be minor economic impact, but based on the fact that only an 
average of 6 vessels per week require an opening, and that sailboats 
which require more than the 50 feet of clearance available at the South 
Channel Span, would be able to schedule transits through the North 
Channel Draw every other weekend, no significant impacts would be 
anticipated.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed 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 dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000. Several small businesses were 
individually contacted and requested to verbally comment on the 
potential economic impacts that the proposed temporary rule could have 
on them. Based on the comments obtained, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this proposed temporary rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this will have a significant economic impact, 
please comment, explaining why your business or organization qualifies, 
and to what degree this proposed rule will economically effect it.

Collection of Information

    This proposed 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 in 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 
proposed temporary rule and concluded that under paragraph 2.B.2.g(5) 
of Commandant Instruction M16475.1B, this proposed temporary rule 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.

Regulation

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR Part 117 as follows:

PART 117--[AMENDED]

    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. In Sec. 117.467 a new paragraph (c) to read as follows:


Sec. 117.467  Lake Pontchartrain.

* * * * *
    (c) From 7 a.m. on June 9, 1997 through 6 p.m. on October 10, 1997, 
paragraph (b) does not apply and, the draws of the Greater New Orleans 
Expressway Commission Causeway, north bascule span need not open for 
the passage of vessels; except that on the following dates the draws 
will open on signal if three hours notice is given:

[[Page 16124]]

June 21 and 22; July 4, 5 and 6, July 19 and 20, August 2 and 3, August 
16 and 17, August 30 and 31 and September 1, September 13 and 14 and 
September 27 and 28, 1997. In the event of an approaching tropical 
storm or hurricane, the draws will return to normal operation within 24 
hours.

    Dated: March 24, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-8507 Filed 4-3-97; 8:45 am]
BILLING CODE 4910-14-M