[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Proposed Rules]
[Pages 11641-11642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6008]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-033, CGD08-95-011]


Drawbridge Operating Regulation; Gulf Intracoastal Waterway, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice; withdrawal of proposal rules.

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[[Page 11642]]

SUMMARY: The Coast Guard is withdrawing two notices of proposed 
rulemaking to amend the regulation for the draw of the vertical lift 
highway bridge across the Gulf Intracoastal Waterway, mile 35.6, west 
of Harvey Locks, near Larose, Lafourche Parish, Louisiana. The proposed 
rules did not meet the reasonable needs of navigation. The Coast Guard 
is withdrawing the notices of proposed rulemaking and terminating these 
rulemakings.

DATES: The proposed rules are withdrawn effective March 10, 1998.

ADDRESSES: Unless otherwise indicated, documents referred to in these 
notices 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 these proposed 
rulemakings.

FOR FURTHER INFORMATION CONTACT:
Mr. David Frank, Bridge Administration Branch, Commander (ob), Eighth 
Coast Guard District, 501 Magazine Street, New Orleans, Louisiana, 
70130-3396, telephone number 504-589-2965.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On December 7, 1994, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (59 FR 63068). The NPRM 
proposed to change the regulation governing the operation of the 
vertical lift span drawbridge across the Gulf Intracostal Waterway, 
mile 35.6, at Larose, Lafourche Parish, Louisiana, to require that from 
7 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday, 
except Friday holidays, the draw of the bridge would remain closed to 
navigation for passage of vehicular traffic during peak traffic 
periods. At all other times the draw would open on signal for passage 
of vessels. Presently, the draw is required to open on signal at all 
times.
    The Coast Guard received 10 letters in response to the NPRM 
objecting to the proposed rule. Many of the objectors who were 
associated with the local school stated that the bridge would reopen 
after an extended closure 30 minutes before the start of school 
possibly affecting the ability of students to arrive at school on time. 
The applicant was given an opportunity to address the objections. The 
applicant modified their proposal and resubmitted a new request for a 
proposed rule.
    Inadvertently, a second NPRM was published in the Federal Register 
(60 FR 40139) on August 7, 1995, instead of a Supplementary Notice of 
Proposed Rulemaking (SNPRM). Additionally, the original NPRM was never 
withdrawn. The second NPRM proposed to change the regulation governing 
the operation of the vertical lift span drawbridge across the Gulf 
Intracoastal Waterway, mile 35.6, at Larose, Lafourche Parish, 
Louisiana, to require that from 7 a.m. to 9 a.m. and from 4:30 p.m. to 
6 p.m. Monday through Friday, except Federal holidays, the draw of the 
bridge would remain closed to navigation for passage of vehicular 
traffic during peak traffic periods. At all other times the draw would 
open on signal for passage of vessels. Presently, the draw is required 
to open on signal at all times.
    Two letters of objection were received in response to the second 
NPRM. These objections were from waterway interests stating that the 
closure would increase the risk of accidents by vessels having to wait 
for bridge openings while vehicles have an alternate route across the 
waterway. These concerns were forwarded to the applicant to attempt to 
reach an acceptable solution. The applicant has not addressed the 
concerns of these objectors or offered an alternative proposal.
    The Coast Guard is, therefore, withdrawing the notices of proposed 
rulemaking and terminating further rulemaking on proposals (CGD08-94-
033 and CGD08-95-011).

    Dated: February 18, 1998.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-6008 Filed 3-9-98; 8:45 am]
BILLING CODE 4910-14-M