[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Rules and Regulations]
[Pages 55137-55138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26531]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-057]
RIN 2115-AE47


Drawbridge Operating Regulation; Gulf Intracoastal Waterway, 
Algiers Alternate Route, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the operation of the State Route 23 
vertical lift span drawbridge across the Gulf Intracoastal Waterway 
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. The 
Temporary rule will allow the bridge to remain closed to navigation 
from 4 p.m. until 6:45 p.m. on Saturday, October 30, 1999 and from 4 
p.m. until 7 p.m. on Sunday, October 31, 1999. This temporary rule is 
issued to facilitate movement of vehicular traffic for the New Orleans 
Open House 1999 Air Show, to be held at the U.S. Naval Air Station, 
Joint Reserve Base at Belle Chasse, Louisiana.

DATES: This temporary rule is effective from 4 p.m. on October 30, 1999 
until 7 p.m. on October 31, 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. The Bridge Administration Branch of the eighth 
Coast Guard District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge 
Administration Branch, Commander (ob), Eighth Coast Guard District, 501 
Magazine Street, New Orleans, Louisiana, 70130-3396, telephone number 
504-589-2965.

SUPPLEMENTARY INFORMATION: 

Discussion of Temporary Rule

    The State Route 23 vertical lift span drawbridge across the Gulf 
Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle 
Chasse, Louisiana has a vertical clearance of 40 feet above mean high 
water in the closed-to-navigation position and 100 feet above mean high 
water in the open-to-navigation position. Navigation on the waterway 
consists primarily of tugs with tows, commercial fishing vessels, and 
occasional recreational craft.
    The Louisiana Department of Transportation and Development has 
requested a temporary rule changing the operation of the State Route 23 
vertical lift span drawbridge. The rule is needed to accommodate the 
additional volume of vehicular traffic that the New Orleans Open House 
Air Show is expected to generate. Between 150,000 and 200,000 members 
of the public are expected to attend the New Orleans Open House Air 
Show on each day. The temporary rule will allow for the expeditious 
dispersal of the heavy volume of vehicular traffic expected to depart 
the U.S. Naval Air Station, Joint Reserve Base following the event.
    The Coast Guard has determined that good cause exists to forego a 
notice and comment period for this rulemaking. Following normal 
rulemaking procedures in this instance would be impractical because the 
Coast Guard Bridge Administration Branch did not receive notification 
of the event in sufficient time to accommodate a notice and comment 
period. Further, there is not enough time to reschedule or delay the 
event. For the above reasons the Coast Guard has also determined that 
good cause exists to make this temporary rule effective in less than 30 
days after publication.

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. It has 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 temporary 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 periods is minimal. All commercial vessels still have ample 
opportunity to transit this waterway before and after the two-hour and 
45-minute closure on October 30 and the three-hour closure on October 
31, 1999. Additionally, a practical alternate route of approximately 
seven additional miles is available via the Harvey Canal and the 
Mississippi River.

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 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 temporary rule considers the needs of local commercial fishing

[[Page 55138]]

vessels, as the study of vessels passing the bridge included such 
commercial vessels. These local commercial fishing vessels will only be 
inconvenienced for two hours and 45 minutes on a Saturday and three 
hours on a Sunday on a one-time basis. Also, there is a practical 
alternate route of approximately seven additional miles via the Harvey 
Canal and Mississippi River. 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 hours 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 temporary rule will not have 
a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this temporary rule does not have sufficient 
implications for federalism 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 
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this temporary rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESES.

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.

    2. Effective October 30, 1999 through October 31, 1999 Sec. 117.451 
is amended by suspending paragraph (b) and adding a new paragraph (f).


Sec. Sec. 117.451  Gulf Intracoastal Waterway.

* * * * *
    (f) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse, shall open on signal; except that from 4 p.m. until 
6:45 p.m. on Saturday, October 30, 1999 and from 4 p.m. until 7 p.m. on 
Sunday, October 31, 1999, the draw need not open for the passage of 
vessels.

    Dated: September 30, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-26531 Filed 10-8-99 8:45 am]
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