[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Rules and Regulations]
[Pages 17071-17072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9055]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-97-009]
RIN 2115-AE47


Drawbridge Operation Regulation; Inner Harbor Navigation Canal, 
LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation for the 
operation of the Seabrook Highway bascule span drawbridge across the 
Inner Harbor Navigation Canal, mile 4.6 in New Orleans, Orleans Parish, 
Louisiana, to authorize it to remain closed to navigation between the 
hours of 7 a.m. and noon and between the hours of 1 p.m. and 6:30 p.m., 
Monday through Friday, from April 14, 1997 until August 15, 1997. At 
all other times the bridge will open on signal. This action is 
necessary for the fender system to be replaced.

DATES: This temporary final rule is effective beginning at 7 a.m. on 
April 14, 1997 and ending at 6:30 p.m. on August 15, 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. 
The telephone number is (504) 589-2965. The Eighth Coast Guard 
District, Bridge Administration Branch, maintains the public docket for 
this temporary final rule.

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

SUPPLEMENTARY INFORMATION:

Discussion of Rule

    The Coast Guard was not notified of the dates of the repair work in 
time to issue a notice of proposed rulemaking. The unsafe condition of 
the bridge fender system warrants the closures so that remedial work 
can be accomplished. For the same reason, good cause exists to make 
this temporary rule effective in less than 30 days after publication.
    Vertical clearance of the Seabrook highway bridge across the Inner 
Harbor Navigation Canal in the closed to navigation position is 46 feet 
above mean high water. Navigation on the waterway consists of tugs with 
tows, commercial fishing vessels, crane barges, jack-up boats, oil 
industry crew vessels, sailing vessels and other recreational craft. A 
crane barge will be required to occupy the majority of the navigation 
channel in order to reconstruct the fender system. The barge and 
related equipment will be removed from the channel from noon until 1 
p.m. daily at which time the bridge may be opened to pass marine 
traffic. The west fender system of the bridge has sustained 
considerable damage from vessel strikes, compromising its ability to 
protect the bridge. Replacement of the fender system is necessary for 
the safety of vehicular and pedestrian traffic crossing the bridge.
    The Coast Guard is temporarily changing the regulation for the 
operation of the Seabrook Highway bascule span drawbridge across the 
Inner Harbor Navigation Canal, mile 4.6 in New Orleans, Orleans Parish, 
Louisiana, to authorize it to remain closed to navigation between the 
hours of 7 a.m. and noon and between the hours of 1 p.m. and 6:30 p.m., 
Monday through Friday from April 14, 1997 through August 15, 1997. At 
all other times the bridge will open on signal.
    The Board of Commissioners of the Orleans Levy Board has requested 
this temporary final rule so that the west fender system can be 
replaced. The short term inconvenience, attributable to a delay of 
vessel traffic for a maximum of five and one-half hours, is outweighed 
by the long term safety benefits to be gained in replacing the bridge 
fender system.

Regulatory Evaluation

    This temporary final 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 final rule 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 temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' 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 temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This temporary final rule contains no collection-of-information 
requirements

[[Page 17072]]

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal 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 rule 
and concluded that under paragraph 2.B.2.g(5) of Commandant Instruction 
M16475.1B, this temporary final 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 Public Law 102-
587, 106 Stat. 5039.


Sec. 117.458  [Amended]

    2. Effective April 14, 1997, through August 15, 1997, Sec. 117.458 
is amended by suspending paragraph (b) and adding a new paragraph (d) 
to read as follows:


Sec. 117.458  Inner Harbor Navigation Canal.

* * * * *
    (d) The draw of the Leon C. Simon Blvd. (Seabrook) bridge, mile 4.6 
shall open on signal except that between the hours of 7 a.m. and noon 
and between the hours of 1 p.m. and 6:30 p.m., Monday through Friday, 
from April 14, 1997 to August 15, 1997, the draw need not be opened for 
the passage of vessels.

    Dated: April 1, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-9055 Filed 4-8-97; 8:45 am]
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