[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Proposed Rules]
[Pages 52057-52058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21880]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-021]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change 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 change would allow the bridge to 
remain closed to navigation from 4 p.m. until 7 p.m. on Saturday and 
Sunday of the last weekend in October. This change would facilitate the 
movement of vehicular traffic from the New Orleans Open House Air Show 
held annually at the Naval Air Station, Joint Reserve Base at Belle 
Chasse, Louisiana.

DATES: Comments and related material must reach the Coast Guard on or 
before September 27, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(ob), Eighth Coast Guard District, 501 Magazine St., Room 1313, New 
Orleans, LA 70130-3396. The Bridge Administration Branch of the Eighth 
Coast Guard District maintains the public docket for this rulemaking. 
Comments and materials received from the public, as well as documents 
indicated in this preamble as being available in the docket, will be 
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 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 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:

Regulatory Information

    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 (CGD8-00-
021), 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 
8 1/2 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 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 plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the 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 one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    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 Department of the Navy requested a rule changing the operation 
of the State Route 23 vertical lift span drawbridge. The proposed 
change is needed to accommodate the additional volume of vehicular 
traffic that the New Orleans Open House Air Show generates each year. 
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 proposed 
change would allow for the expeditious dispersal of the heavy volume of 
vehicular traffic expected to depart the Naval Air Station, Joint 
Reserve Base following the event. This event has been held annually on 
the last weekend in October. This proposed change would eliminate the 
necessity of having to do a rulemaking each year for this annually 
scheduled event.

Discussion of Proposed Rule

    This proposed rule would allow the bridge to remain closed to 
navigation from 4 p.m. until 7 p.m. on Saturday and Sunday of the last 
weekend in October. The closure of the bridge would affect marine 
traffic for a three-hour period on each day, but alternate routes are 
available. Vessels with less than 40 feet of vertical clearance 
requirements may continue to transit the waterway. This proposed annual 
closure allows for a temporary increase in vehicular traffic to transit 
over the bridge on this weekend while not significantly inconveniencing 
the mariners transiting the waterway. This drawbridge closure has 
occurred annually on the last weekend in October for many years.

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).
    The Coast Guard expects the economic impact of this proposed 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 each 
three-hour closure on the last weekend in October. 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 considers 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.
    This proposed rule would affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit

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through the bridge across the Gulf Intracoastal Waterway (Algiers 
Alternate Route) from 4 p.m. until 7 p.m. on the last weekend in 
October.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under the 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, we want to assist small entities 
in understanding the proposed rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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 Executive Order 13132 and 
have determined that this proposed rule would 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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. Bridge Administration Program 
actions that can be categorically excluded include promulgation of 
operating regulations or procedures for drawbridges. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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, 105 
Stat. 5039.

    2. Section 117.451(b) is revised to read as follows:


Sec. 117.451  Gulf Intracoastal Waterway.

* * * * *
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8 
at Belle Chasse, operates as follows:
    (1) The draw shall open on signal; except that, from 6 a.m. until 
8:30 a.m. and from 3:30 p.m. until 5:30 p.m. Monday through Friday, 
except Federal holidays, the draw need not be opened for the passage of 
vessels.
    (2) On Saturday and Sunday of the last weekend in October, the draw 
need not open for the passage of vessels from 4 p.m. until 7 p.m.
* * * * *

    Dated: August 21, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard Acting Commander, 8th Coast Guard Dist.
[FR Doc. 00-21880 Filed 8-25-00; 8:45 am]
BILLING CODE 4910-15-U