[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Rules and Regulations]
[Pages 51300-51302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25669]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-062 and CGD 08-98-052]
RIN 2115-AE47


Drawbridge Operations Regulation; Lafourche Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule; withdrawal of temporary rule.

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SUMMARY: The Coast Guard is temporarily changing the operation of the 
draw of the SR1 vertical lift bridge across Lafourche Bayou, mile 13.3, 
in Leeville, Lafourche Parish, Louisiana. From October 5, 1998, until 
November 5, 1998, the draw need not open for navigation from 8 a.m. 
until noon and from 1 p.m. until 6 p.m. on Mondays and from 7 a.m. 
until 7 p.m. on Tuesdays, Wednesdays, and Thursdays. Additionally, the 
draw may remain closed to navigation for two 48-hour periods on the 
weekends of October 10-12, 1998, and October 17-19, 1998. This 
temporary rule is issued to allow for the replacement of the electrical 
and mechanical components of the bridge. The previous temporary rule 
published on September 8, 1998, is withdrawn.

DATES: This temporary rule is effective from 8 a.m. on October 5, 1998 
through 7 p.m. on November 5, 1998. The temporary rule published on 
September 8, 1998, (63 FR 47427) is withdrawn.

ADDRESSES: All documents referred to in this notice will be available 
for inspection and copying at room 1313 in the Hale Boggs Federal 
Building at Commander (ob), Eighth Coast Guard District, 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 Bridge Administration Branch of the Eighth 
Coast Guard District maintains the public docket for this temporary 
rule.

FOR FURTHER INFORMATION CONTACT: 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: On September 8, 1998, a temporary rule was 
published in the Federal Register (63 FR 47427) requiring the draw of 
the SR 1 bridge, mile 13.3, at Leeville, to open on signal, except 
that; from noon on October 5, 1998, through noon on November 6, 1998, 
the draw may remain

[[Page 51301]]

closed to navigation continuously from noon on Mondays through noon on 
Fridays.
    Following re-publication of the temporary rule in the Local Notice 
to Mariners, several shrimpers and shipyard owners expressed concerns 
that the proposed bridge closure would have an adverse economic 
hardship on them. A meeting was held with the Lafourche Parish Port 
Authority, the Louisiana Department of Transportation and Development 
(LDOTD), the contractor, shrimpers, shipyard owners, and the Coast 
Guard to attempt to modify the repair/maintenance work schedule and to 
make bridge operations more responsive to the needs of navigation.
    At this meeting, a new schedule of work that could accomplish the 
needed maintenance and also would be less burdensome on navigation 
interests was agreed upon. The new schedule of work requires that from 
October 5, 1998, until November 5, 1998, the bridge shall open on 
signal except the bridge need not open for the passage of vessels from 
8 a.m. until noon, and from 1 p.m. until 6 p.m. on Mondays and from 7 
a.m. until 7 p.m. on Tuesdays, Wednesdays, and Thursdays. Additionally, 
the bridge need not open for the passage of vessels from 7 a.m. on 
Saturday, October 10, 1998, until 7 a.m. on Monday, October 12, 1998, 
and from 7 a.m. on Saturday, October 17, 1998, until 7 a.m. on Monday, 
October 19, 1998.
    All parties agreed that one or two continuous 48-hour closures 
would be less burdensome on mariners if they occurred on the weekends. 
While the contractor expects to only need one 48-hour closure, a second 
48-hour closure is scheduled in case of inclement weather or other 
unforeseen situations which may keep the contractor from working during 
the weekend of October 10-12. If the work necessitating the 48-hour 
closure is accomplished during the weekend of October 10-12, 1998, the 
bridge will be able to open on signal on the weekend of October 17-19, 
1998. Local Notice to Mariners and Broadcast Notice to Mariners will 
provide information on work progress and bridge openings for the 
weekends of October 10-12, 1998 and October 17-19, 1998.
    In the event of an approaching tropical storm or hurricane, work on 
the bridge will be discontinued and the draw will return to normal 
operation.
    The Coast Guard is, therefore, withdrawing the temporary rule 
published on September 8, 1998, [CGD08-98-052] and replacing it with 
this new temporary operating schedule which is less burdensome to 
navigation.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
for this rule has not been published, and good cause exists for making 
it effective in less than 30 days from the date of publication. 
Following normal rule making procedures would have been impracticable. 
There was not sufficient time to publish proposed rules in advance of 
implementing the change to the bridge operating procedures or to 
provide for a delayed effective date.

Background and Purpose

    The bridge has a vertical clearance of 40 feet above mean high 
water in the closed-to-navigation position. Mean high water elevation 
is 3 feet above Mean Sea Level (MSL). Navigation on the waterway 
consists primarily of fishing vessels, some tugs with tows and 
occasional recreational craft. Presently, the draw opens on signal for 
the passage of vessels. The contractor has requested the closure of the 
bridge to allow for the replacement of the electrical and mechanical 
components of the bridge and for the pulling of electric conduit wiring 
on the bridge. During portions of this repair work, scaffolding may be 
placed below the bridge over the navigation channel reducing the 
approved vertical clearance to less than 40 feet above mean high water. 
The reduction in the vertical clearance will be approximately 4 feet. 
Additionally, if a tropical storm or hurricane develops in the Gulf of 
Mexico, work will be discontinued and the bridge returned to normal 
operation for the passage of vessel traffic. Alternate routes are 
available to vessel operators wishing to enter the area. This work is 
essential for the continued safe operation of the vertical lift span.

Regulatory Evaluation

    This 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. The Office of Management and Budget has not reviewed it 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 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This is because vessels using the waterway will be allowed 
to transit the waterway outside of the closure times. In a meeting with 
representatives of those mariners affected by the closure, it was 
determined that this schedule will allow the contractor to complete the 
required repairs to the bridge while minimizing the effects on 
navigation interests.

Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the 
Coast 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 that normally transit the bridge will still be able to 
do so beneath the bridge in the closed-to-navigation position. 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 users 
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 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 
Environmental 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.

[[Page 51302]]

Temporary Regulations

    For the reasons set out in the preamble, the Coast Guard is 
temporarily 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 Pub. L. 102-587, 
106 Stat. 5039.

    2. Effective 8 a.m. on October 5, 1998, through 7 p.m. on November 
5, 1998, Sec. 117.465 is amended by adding paragraph (g) to read as 
follows:


Sec. 117.465  Lafourche Bayou.

* * * * *
    (g) The draw of the SR 1 bridge, mile 13.3, at Leeville, shall open 
on signal, except as follows:
    (1) From October 5, 1998, until November 5, 1998, the draw need not 
open for the passage of vessels from 8 a.m. until noon and from 1 p.m. 
until 6 p.m. on Mondays and from 7 a.m. until 7 p.m. on Tuesdays, 
Wednesdays, and Thursdays.
    (2) The draw need not open for the passage of vessels from 7 a.m. 
on Saturday, October 10, 1998, until 7 a.m. on Monday, October 12, 
1998, and from 7 a.m. on Saturday, October 17, 1998, until 7 a.m. on 
Monday, October 19, 1998.
    (3) In the event of an approaching tropical storm or hurricane, 
work on the bridge will be discontinued and the draw will return to 
normal operation.

    Dated: September 17, 1998.

A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 98-25669 Filed 9-24-98; 8:45 am]
BILLING CODE 4910-15-M