[Federal Register Volume 64, Number 35 (Tuesday, February 23, 1999)]
[Rules and Regulations]
[Pages 8720-8722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4432]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-96-053]
RIN 2115-AE47


Drawbridge Operation Regulation; Chef Menteur Pass, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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. This rule 
permits the draw to remain closed to navigation from 5:30 a.m. to 7:30 
a.m., Monday through Friday, except Federal holidays. This change 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: This regulation becomes effective on March 25, 1999.

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 8721]]

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. The Commander, Eighth Coast Guard District, Bridge Administration 
Branch maintains the public docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 18, 1998, the Coast Guard published a notice of 
proposed rulemaking (NPRM) in the Federal Register (63 FR 64022). The 
Coast Guard received two letters in response to the NPRM. No public 
hearing was requested and none was held.

Background and Purpose

    The U.S. Highway 90 bridge is a swing span structure which provides 
a vertical clearance of 11 feet above mean high water in the closed-to-
navigation position and unlimited clearance 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 and commute to work at 
the Almonaster Development District.
    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 that 
average, 127 vehicles were west bound and 23 were east bound. 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 5:30 a.m. to 7:30 a.m. closure period on weekdays, 
excluding Federal holidays. This rule, which allows the draw of the 
bridge to remain closed to navigation Monday through Friday from 5:30 
a.m. until 7:30 a.m. except Federal holidays, will facilitate the free 
flow of vehicular traffic during a congested rush hour period without 
disrupting the reasonable needs of navigation.
    This final rule necessitates 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 do not substantively affect existing operating regulations.

Regulatory Evaluation

    This 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 rule 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 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.

Discussion of Comments

    Two letters were received in reference to the change. The U.S. 
National Marine Fisheries Service stated that the change to drawbridge 
operating regulations would not adversely impact marine fishery 
resources. The Lake Pontchartrain Basin Maritime Museum, Inc. stated 
that they had no objection to the regulation change.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule 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.
    This 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 a.m., as well as 24 hours per day on 
weekends and Federal holidays. 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 by being 
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 rule does not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule 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 this 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 rule 
and concluded that under Figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.1C, this 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.

    For the reasons set out in the preamble, the Coast Guard is 
amending 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.

[[Page 8722]]

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 
open for the passage of vessels. The draw shall open at any time for a 
vessel in distress.

    Dated: February 2, 1999.
Paul J. Pluta,
RADM, USCG Commander, 8th CG District.
[FR Doc. 99-4432 Filed 2-22-99; 8:45 am]
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