[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9270-9271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4721]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 117

[CGD08-99-008]
RIN 2115-AE47


Drawbridge Operation Regulation; Lower Grand River, 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 draw of the S997 pontoon bridge across the Lower Grand 
River, mile 41.5 (Landside Route), at Pigeon, Iberville Parish, 
Louisiana. From March 8, 1999 through August 31, 1999, the draw will 
open on signal from 8 a.m. until 5 p.m. Monday through Thursday. At all 
other times the bridge will open on signal if at least four hours 
notice is given. This temporary rule is issued to allow for the 
replacement of the bridge tender's house.

DATES: This temporary rule is effective from 8 a.m. on March 8, 1999 
through 5 p.m. on August 31, 1999,

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: The Louisiana Department of Transportation 
and Development (LDOTD) requested a change to the operating schedule of 
the S 997 pontoon bridge across the Lower Grand River, mile 41.5 
(Landside Route), in Pigeon, Iberville Parish, Louisiana. LDOTD 
requested that from March 8, 1999 until August 31, 1999, the bridge 
open on signal from 8 a.m. until 5 p.m., Monday through Thursday. At 
all other times, the bridge will open on signal if at least four hours 
notice is given. The reason for the closure is to allow for the 
replacement of the bridge tender's house.
    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 rulemaking procedures would be impractical and would 
result in unnecessary delays to required maintenance work. Further, 
alternate routes are available and few mariners will be affected by the 
proposed changes due to the fact that most transits through the bridge 
occur during the hours of 8 a.m. through 5 p.m. when the bridge will be 
open on signal.

Background and Purpose

    The bridge will open on signal during the hours of 8 a.m. until 5 
p.m. Monday through Friday. At all other times, the Louisiana 
Department of Transportation and Development has requested that the 
bridge open on signal with at least four hours notice. The nature of 
the work is to replace the bridge tenders' house. Outside of the normal 
work hours when the contractor will be on site, there will be no 
building available for the operator to use. A review of the summary of 
navigational openings for the bridge indicates that an average of 26 
openings per month occur at the bridge. The bridge owner stated that no 
more than three openings occur in a day and the majority of the 
openings occur during the normal work hours of 8 a.m. until 5 p.m. 
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 except that from 10 p.m. 
until 6 a.m., the draw shall open on signal if at least four hours 
notice is given. During the advanced notice period, the draw shall open 
on less than four hours notice for an emergency and shall open on 
demand should a temporary surge in

[[Page 9271]]

waterway traffic occur. Alternate routes are available to vessel 
operators wishing to enter the area. This work is essential for the 
continued safe operation of the bridge.

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 under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This is because the majority of vessels using the waterway 
will not be affected by the closure. The majority of the fishing 
vessels are able to transit under the bridge, which has a vertical 
clearance of 40 feet above mean high water in the closed-to-navigation 
position. Additionally, larger vessels will be able to off load their 
cargoes downstream of the bridge site.

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 vessel 
transit through the bridge during the hours of 8 a.m. through 5 p.m. 
when the bridge will open on signal. 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.

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 March 8, 1999 through 5 p.m. on August 31, 
1999, is Sec. 117.478 paragraph (c) is suspended and a new paragraph 
(d) is added to read as follows:


Sec. 117.478  Lower Grand River.

* * * * *
    (d) The draw of the S997 bridge, mile 41.5 (Landside Route) at 
Pigeon, shall open on signal from 8 a.m. until 5 p.m. Monday through 
Friday. At all other times, the bridge shall open on signal if at least 
four hours notice is given.

    Dated: February 12, 1999.
Paul J. Pluta
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-4721 Filed 2-24-99; 8:45 am]
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