[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Rules and Regulations]
[Pages 60360-60361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26075]


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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: Final rule.

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SUMMARY: The Coast Guard is 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 change allows 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 facilitates 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: This rule is effective October 11, 2000.

ADDRESSES: 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: 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

    On August 28, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operating Regulation; Gulf Intracoastal 
Waterway, Algiers Alternate Route, Louisiana, in the Federal Register 
(65 FR 52057). We received no letters commenting on the proposed rule. 
No public hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    The change in the regulation involves a community event of limited 
duration and scope. The closure involves only one bridge and alternate 
routes are available. No comments were received during the comment 
period included in the Notice of Proposed Rulemaking. No objections 
from waterway users have been received and the event will be published 
in the Local Notice to Mariners.

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 change 
accommodates 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 change allows 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 
change eliminates the necessity of having to do a rulemaking each year 
for this annually scheduled event.

Discussion of Comments and Changes

    No comments were received for the NPRM and no changes have been 
incorporated into the Final Rule.

Regulatory Evaluation

    This 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 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 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.

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 rule so that they can

[[Page 60361]]

better evaluate its effects on them and participate in the rulemaking 
process.

Collection of Information

    This 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 rule under Executive Order 13132 and have 
determined that this rule would not have implications for federalism 
under that Order. No comments were received with regards to federalism 
during NPRM comment period.

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 rule would not impose an unfunded mandate. No 
comments were received with regards to unfunded mandates during NPRM 
comment period.

Taking of Private Property

    This 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. No comments were received with regards to the taking of private 
property during NPRM comment period.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden. No comments were received with regards to 
the taking of private property during NPRM comment period.

Protection of Children

    We have analyzed this 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 rule and concluded 
that, under figure 2-1, paragraph (32)(e), of Commandant Instruction 
M16475.lC, this 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: September 29, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 00-26075 Filed 10-10-00; 8:45 am]
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