[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Proposed Rules]
[Pages 30043-30045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11703]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-005]
RIN 2115-AE47


Drawbridge Operation Regulation; Chef Menteur Pass, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing a change to the regulation 
governing the operation of the U.S. Highway 90 bridge across Chef 
Menteur Pass, mile 2.8 at Lake Catherine, Orleans Parish, Louisiana. 
The proposal would change the current regulation which provides for a 
two-hour morning closure period between 5:30 a.m. and 7:30 a.m. Mondays 
through Fridays except Federal holidays and require the draw to open on 
the hour and half-hour between 5:30 a.m. to 7:30 a.m., Monday through 
Friday, except Federal holidays. This change would accommodate the 
navigation needs of commercial fishing vessels.

DATES: Comments and related material must reach the Coast Guard on or 
before July 31, 2000.

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. and 3 
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 material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the Bridge Administration 
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, 504-589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-00-
005), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
81/2 by 11 inches, suitable for copying. If you would like to know they 
reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Eighth Coast Guard 
District, Bridge Administration Branch at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold

[[Page 30044]]

one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    To meet the needs of commuters who cross the U.S. Highway 90 bridge 
each day en route to work in the Almonaster Industrial District, the 
Coast Guard issued a final rule effective February 23, 1999 (64 FR 
8720) allowing the bridge to remain closed to navigation from 5:30 a.m. 
to 7:30 a.m., Monday Through Friday, except Federal holidays. The draw 
opens at any time for a vessel in distress.
    Since the rule has been in effect, the Coast Guard received 
numerous complaints from operators of commercial fishing vessels 
stating that the regulation does not meet the needs of navigation for 
local commercial fishermen because they are required to haul in their 
shrimp nets earlier than necessary to be able pass through the bridge 
before the closure time. Local commercial fishermen generally trawl for 
shrimp during evening hours. This is because brown shrimp feed at night 
above the bottom. Once daylight occurs they bury themselves in the mud 
and can no longer be caught with trawl nets. Since the fishermen need 
to maximize trawling time, they work from sundown until sunrise then 
enter port and unload their catches. In order for them to transit the 
U.S. Highway 90 bridge before the 5:30 closure, they must haul in their 
nets as much as two hours early and head into port. This cuts down 
trawling time and causes loss of revenue. Based on complaints from 
local commercial fishermen, the Coast Guard determined that the current 
operating schedule may not meet the reasonable needs of navigation.

Discussion of Proposed Rule

    This proposed rule would revise 33 CFR 117.436. In order to 
accommodate motorists who live in the Lake Catherine area and commute 
to work via the U. S. Highway 90 bridge across Chef Menteur Pass, mile 
2.8, while providing for the needs of commercial fishermen, the Coast 
Guard is proposing to change the regulation to permit the draw to open 
to navigation only on the hour and on the half-hour from 5:30 a.m. to 
7:30 a.m., Monday through Friday, except Federal holidays. The proposed 
regulation would allow for the free flow of vehicular traffic for the 
majority of the year, while still serving the reasonable needs of 
navigational interests.
    A comment period, extending through July 31, 2000 will be allowed 
for mariners, motorists and other interested parties to provide 
comments and data on the proposed change. During the comment period, to 
test this proposed rule, the Coast Guard has issued a temporary 
deviation from the drawbridge operating regulations. The temporary 
deviation is published elsewhere in this Federal Register. The 
temporary deviation is in effect from June 1, 2000 through June 30, 
2000 and will require that the draw open for the passage of vessels on 
the hour and on the half-hour from 5:30 a.m. to 7:30 a.m., Monday 
through Friday, except Federal holidays. The bridge will open on signal 
at all other times or at any time for a vessel in distress. We request 
comments on how the test schedule works during this period.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This proposed rule will have a positive impact on the economic 
status of the local commercial fishermen as it provides them with 
adequate time to trawl. It will not create a significant adverse effect 
for the local motorists who cross the bridge on weekdays en route to 
work. The motorists will be able to adjust their commuting schedules to 
accommodate the hour and half-hour drawbridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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 Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The small entities concerned with this 
proposed rule are the local commercial fishermen who transit the 
bridge. This proposed rule will positively affect the local commercial 
fishermen by affording them adequate time to trawl. They will not be 
required to haul in their nets early in order to transit through the 
bridge en route to port.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Bridge Administration 
Branch, Eighth Coast Guard District at the address above.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of

[[Page 30045]]

E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation. This proposal will change an 
existing special drawbridge operating regulation promulgated by a Coast 
Guard Bridge Administration Program action. A ``Categorical Exclusion 
Determination'' is available in the docket 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.

    2. Section 117.436 is revised 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 open 
only on the hour and on the half-hour for the passage of vessels. The 
draw shall open at any time for a vessel in distress.

    Dated: May 1, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 00-11703 Filed 5-9-00; 8:45 am]
BILLING CODE 4910-15-P