[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Rules and Regulations]
[Pages 35820-35822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17510]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-036]
RIN 2115-AE47


Drawbridge Operation Regulation; Lake Pontchartrain, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation for the 
operation of the draws of the Greater New Orleans Expressway Commission 
causeway, north bascule spans across Lake Pontchartrain between 
Metairie, Jefferson Parish and Mandeville, St. Tammany Parish, 
Louisiana. From July 6, 1998 through November 10, 1998, the draws will 
remain closed to navigation Monday through Saturday except for 
September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10, 11 
and 12, 1998. During these closure periods there will be crane barges 
under the bridge to support equipment. On Sundays and on September 5, 
6, 7, 24, 25, 26, 27, 28 and 29, 1998, October 10, 11 and 12, 1998, the 
draws will open on signal if at least three hours notice is given. In 
the event of an approaching tropical storm or hurricane, the draw will 
return to normal operation within 12 hours and the channel cleared of 
all construction equipment. This temporary rule is issued to allow for 
cleaning and painting of the bascule structure, an extensive but 
necessary maintenance operation.

DATES: This temporary rule is effective from July 6, 1998 through 
November 10, 1998.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
notice are available for inspection or copying at the office of the 
Eighth Coast Guard District, Bridge Administration Branch,

[[Page 35821]]

Hale Boggs Federal Building, room 1313, 501 Magazine Street, New 
Orleans, Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday though 
Friday, except Federal holidays. The Bridge Administration Branch of 
the Eighth Coast Guard District maintains the public docket for this 
temporary rule.

FOR FURTHER INFORMATION CONTACT: Phil Johnson or David Frank, Bridge 
Administration Branch, at the address given above.

SUPPLEMENTARY INFORMATION: On April 10, 1998, the Coast Guard issued a 
temporary deviation from the regulation governing the operation of the 
draws of the Greater New Orleans Expressway Commission causeway, north 
bascule spans across Lake Pontchartrain, to allow the draw to remain 
closed Monday through Saturday from May 4, 1998 through July 2, 1998. 
The deviation was issued to allow for the cleaning and painting of the 
bascule structures. However, the contractor was unable to mobilize for 
reasons including contract negotiation, acquisition of insurance and 
impeded access to the job site due to a navigation lock closure. The 
Greater New Orleans Expressway Commission has requested the Coast Guard 
issue a temporary rule to allow the work to begin on July 6, 1998 and 
to continue through November 10, 1998. The deteriorated condition of 
the bridge warrants the closures so that remedial work can be 
accomplished. The Coast Guard was not notified in time to issue a 
notice of proposed rulemaking. For this reason, good cause exists to 
make this temporary rule effective in less than 30 days after 
publication.

Background and Purpose

    The south channel span of the Greater New Orleans Expressway 
Commission causeway across Lake Pontchartrain Louisiana provides 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. 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 must remain in place for 6-day periods, allowing 
the contractor to maximize work time. While the draw span being 
serviced is in the closed to navigation position, the equipment will be 
supported by two crane barges which must remain in place below the draw 
span. As a result, the channel will be completely blocked by the 
barges. The short term inconvenience, attributable to a delay of vessel 
traffic which is not able to use the south channel span as an alternate 
route, for a maximum of six days, is outweighed by the long term 
benefits to be gained by keeping the bridges free of corrosion and in 
proper working condition. This work is essential for the continued 
operation of the draw spans. Presently, the draws open on signal if at 
least three hours notice is given.

Regulatory Evaluation

    This temporary rulemaking is not a significant regulation 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. This is because the majority of vessels affected by the 
closure is minimal. The majority of commercial vessel and most of the 
recreational sailboats which normally transit the causeway bridge are 
able to do so at one of the navigation humps, located at four mile 
intervals along the bridge, or though the south channel span, which 
provides a vertical clearance of 50 feet above mean high water.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Cost Guard must consider whether this 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. The majority of commercial vessels and 
fishing vessels which normally transit the causeway bridge will still 
be able to do so through the south channel span. Thus, the Coast Guard 
expects there to be no significant economic impact on these vessels. 
The Coast Guard is not aware of any other waterway who would suffer 
economic hardship from being unable to transit the waterway during 
these closure periods. Therefore, the Coast Guard certifies under 5 
U.S.C. 605(b) that this temporary rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This 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 
temporary rule and concluded that this action is categorically excluded 
from further environmental documentation under current Coast Guard CE 
#32(e), in accordance with Section 2.B.2 and Figure 2-1 of the National 
Environment Protection Act Implementing Procedures, COMDTINST 
M16475.1C. 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 is 
amending part 117, 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; and 33 CFR 1.05-1(g); 
section 117.255 also issued under the authority of Public Law 102-
587, 106 Stat. 5039.

    2. Effective July 6, 1998 through November 10, 1998, Sec. 117.467 
is amended by suspending paragraph (b) and adding paragraph (c) to read 
as follows:


Sec. 117.467  Lake Pontchartrain.

* * * * *
    (c) From July 6, 1998 through November 10, 1998 the draws of the 
Greater New Orleans Expressway Commission causeway, north bascule span, 
need not open for the passage of vessels Monday through Saturday except 
for September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10, 
11 and 12, 1998. From 12:01 a.m. on Sundays to 12:01 a.m. on Mondays 
and on September 5, 6, 7, 24, 25, 26, 27, 28

[[Page 35822]]

and 29 and October 10, 11 and 12, 1998 the draws will open on signal if 
at lease three hours notice is given. In the event of an approaching 
tropical storm on hurricane, the channel will be cleared and the draws 
will return to normal operation within 12 hours.

    Dated: June 23, 1998.
A.L. Gerfin, Jr.
Captain, U.S. Coast Guard, Commander, 8th Coat Guard Dist. Acting.
[FR Doc. 98-17510 Filed 6-30-98; 8:45 am]
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