[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Proposed Rules]
[Pages 12795-12796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6223]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-007]
RIN 2115-AE47


Drawbridge Operation Regulation; Inner Harbor Navigation Canal, 
LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to temporarily change the 
regulation for the operation of the draw of the L & N Railroad/Old 
Gentilly Road bascule span drawbridge across the Inner Harbor 
Navigation Canal, mile 2.9 at New Orleans, Orleans Parish, Louisiana. 
This proposal would allow the draw of the L&N Railroad/Old Gentilly 
Road bascule span drawbridge to remain closed to navigation daily from 
8 a.m. until noon and from 1 p.m. until 5 p.m. from May 17 through May 
28, 1999, June 1 through July 2, 1999, July 6 through September 3, 1999 
and from September 7 through September 22. This proposed temporary rule 
will allow for replacement of the damaged fender system, an extensive 
but necessary maintenance operation. Presently, the draw opens on 
signal at all times.

DATES: Comments must be received on or before April 29, 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, 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. Comments should also be submitted to the same 
address. The Bridge Administration Branch of the Eighth Coast Guard 
District maintains the public docket for this proposed temporary rule.

FOR FURTHER INFORMATION CONTACT: 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 08-99-007) and the specific section of this 
document to

[[Page 12796]]

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 than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. Persons wanting acknowledgement of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Eighth Coast Guard District, Bridge 
Administration Branch 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. The comment 
period will be limited to 45 days because the rule needs to be 
effective by May 15, 1999.
    The L&N Railroad/Old Gentilly Road bascule span drawbridge across 
the inner Harbor Navigation Canal, mile 2.9, in New Orleans, Louisiana 
has a vertical clearance of one foot above mean high water in the 
closed-to-navigation position and unlimited in the open-to-navigation 
position. Navigation on the waterway consists of tugs with tows, small 
ships, fishing vessels, sailing vessels and other recreational craft. 
The Board of Commissioners of the Port of New Orleans requested a 
proposed temporary rule for the operation of the drawbridge to 
accommodate maintenance work, involving removing portions of the 
existing damaged fender system, driving new pilings and replacing the 
timbers. This work is essential for continued safe transit of vessels 
through the bridge. This proposal would allow the draw of the L&N 
Railroad/Old Gentilly Road bascule span drawbridge to operate as 
follows: From May 17 through May 28, 1999, June 1 through July 2, 1999, 
July 6 through September 3, 1999 and from September 7 through September 
22, 1999 the draw need not open for the passage of vessels from 8 a.m. 
until noon and from 1 p.m. until 5 p.m.
    In the event of an approaching tropical storm or hurricane, the 
draw will return to normal operation within 12 hours notice from the 
Coast Guard. Presently, the draw opens on signal at any time.

Regulatory Evaluation

    This proposed temporary rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not required 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 
proposed 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 number of vessels 
affected by the closure is minimal. Commercial vessels, sailboats and 
most of the other recreational craft which normally transit the bridge 
will be able to do so between the hours of 5 p.m. and 8 a.m. and during 
the one-hour, mid-day opening between noon and 1 p.m.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed temporary 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. Commercial vessels and fishing vessels 
which normally transit the causeway bridge will still be able to do so 
between the hours of 5 p.m. and 8 a.m. and during the one hour mid-day 
opening between noon and 1 p.m. Thus, the Coast Guard expects there to 
be no significant 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 
proposed temporary rule will not have a significant economic impact on 
a substantial number of small entities.

Collection of Information

    This proposed 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 
proposed 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.

    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; 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 from May 17, 1999 through September 22, 1999 
Sec. 117.458 is amended by adding a new paragraph (c) to read as 
follows:


Sec. 117.458  Inner Harbor Navigation Canal, New Orleans.

* * * * *
    (c) The draw of the L&N Railroad/Old Gentilly Road bridge, mile 
2.9, shall operate as follows: From May 17 through May 28, 1999, June 1 
through July 2, 1999, July 6 through September 3, 1999 and from 
September 7 through September 22, 1999 the draw need not open for the 
passage of vessels from 8 a.m. until noon and from 1 p.m. until 5 p.m. 
At all other times the bridge opens on signal. In the event of an 
approaching tropical storm or hurricane, the bridge will be returned to 
normal operation within 12 hours of notification by the Coast Guard.

    Dated: March 1, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-6223 Filed 3-12-99; 8:45 am]
BILLING CODE 4910-15-M