[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Pages 64022-64023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30595]



[[Page 64022]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-053]
RIN 2115-AE47


Drawbridge Operation Regulation; Chef Menteur Pass, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a change to the regulation governing 
the operation of the U.S. Highway 90 swing span bridge across Chef 
Menteur Pass, mile 2.8 at Lake Catherine, Orleans Parish, Louisiana. 
The proposal would permit the draw to remain closed to navigation from 
5:30 a.m. to 7:30 a.m., Monday through Friday, except Federal holidays.
    Vehicular traffic has become congested during peak traffic hours by 
commuters who work in the Almonaster Development District in Orleans 
Parish. This change in drawbridge operating regulations will provide 
for the uninterrupted flow of vehicular traffic for commuters en route 
to work during this period, while still providing for the reasonable 
needs of navigation.

DATES: Comments must be received on or before January 19, 1999.

ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard 
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or 
deliver them to room 1313 at the same address between 7 a.m. to 4 p.m., 
Monday through Friday, except Federal holidays.
    The Commander, Eighth Coast Guard District Bridge Administration 
Branch maintains the public docket for this rulemaking. Comments and 
documents as indicated in this preamble will become part of this docket 
and will be available for inspection or copying at the address given 
above, between 7 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Phil Johnson, Bridge Administration Branch, at the address given 
above, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Requests for Comments

    The Coast Guard encourages interested parties to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 08-98-053) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger that 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. This proposed rule may be changed in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Eight Coast Guard District at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it is determined that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Discussion of Proposed Rule

    The U.S. Highway 90 bridge is a swing structure which provides a 
vertical clearance of 11 feet above mean high water in the closed-to-
navigation position and unlimited in the open-to-navigation position 
and a horizontal clearance of 97 feet between fenders. Navigation on 
the waterway consists of tugs with tows, commercial fishing vessels and 
recreational craft. Vehicular traffic crossing the bridge during peak 
rush hour traffic periods has increased significantly during recent 
years. This is the only route available for motorists, who live in the 
Lake Catherine area who commute to work at the Almonaster Development 
District, without a long detour for more than 25 miles by backtracking 
north to State Route 433, thence south via Interstate 10 to U.S. 11, 
thence south and return to U.S. 90.
    The Coast Guard is considering changing the regulation governing 
the operation of the drawbridge to permit the draw to remain closed to 
navigation from 5:30 a.m. to 7:30 a.m., Monday through Friday, except 
Federal holidays. The proposed regulation would allow for the fee flow 
of vehicular traffic, while still serving the reasonable needs of 
navigational interests.
    Data provided by the Louisiana Department of Transportation and 
Development shows that from July 6, 1998 through July 20, 1998, from 
5:30 a.m. to 7:30 a.m. weekdays, excluding Federal holidays the average 
number of vehicles which crossed the bridge was 150. Of those vehicles, 
an average of 127 were west bound and 23 were eastbound. This indicates 
that the majority of the vehicular traffic is westbound from the Lake 
Catherine area toward the Almonaster Development District during this 
time frame. Information taken from bridge tender logs shows that from 
July 1997 through June 1998, the number of vessels that passed the 
bridge and required openings of the draw averaged one vessel daily, 
during the proposed 5:30 a.m. to 7:30 a.m. closure period on weekdays, 
excluding Federal holidays.
    This proposed rule will necessitate the redesignation of 
Sec. 117.435 as Sec. 117.434; Sec. 117.436 as Sec. 117.435; and a new 
Sec. 117.436 to be added as Chef Menteur Pass. All redesignations are 
administrative in nature and will not substantively affect existing 
operating regulations.

Regulatory Evaluation

    This proposal 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 proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary. This is 
because the number of vessels impaired during the proposed closed-to-
navigation period is minimal. Commercial fishing vessels still have 
ample opportunity to transit this waterway before and after the peak 
vehicular traffic periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include small businesses, not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields and governmental jurisdictions with 
populations of less than 50,000.
    The proposed rule considers the needs of local commercial fishing 
vessels, as the study of vessels passing the bridge included such 
commercial vessels. These local commercial fishing vessels will 
continue to be able to pass the bridge in the early morning, prior to 
5:30 a.m. and at any time during the day after 7:30 p.m., as well as 24 
hours per day on weekends and Federal holidays.

[[Page 64023]]

Additionally, an alternate route is available by transiting Rigolets 
Pass, approximately 20 miles east of Chef Menteur Pass, via the 
Intracoastal Waterway. Thus, the economic impact is expected to be 
minimal. There is no indication that other waterway users would suffer 
any type of economic hardship if they are precluded from transiting the 
waterway during the two hours per day that the draw is scheduled to 
remain in the closed-to-navigation position. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. The 
authority to regulate the permits of bridges over the navigable waters 
of the U.S. belongs to the Coast Guard by Federal statutes.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this proposal 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.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Part 117 of 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; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


Secs. 117.435 and 117.436  [Redesignated]

    2. Sec. 117.435 is redesignated as Sec. 117.434; Sec. 117.436 is 
redesignated as Sec. 117.435; and a new Sec. 117.436 is added to read 
as follows:


Sec. 117.436  Chef Menteur Pass.

    The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake 
Catherine, shall open on signal; except that, from 5:30 a.m. to 7:30 
a.m. Monday through Friday except Federal holidays, the draw need not 
be opened for passage of vessels. The draw shall open at any time for a 
vessel in distress.

    Dated: October 2, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-30595 Filed 11-17-98; 8:45 am]
BILLING CODE 4910-15-M