[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Proposed Rules]
[Pages 11127-11130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4331]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-002]
RIN 2115-AE47


Drawbridge Operation Regulation; Inner Harbor Navigation Canal, 
New Orleans, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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[[Page 11128]]

SUMMARY: The Coast Guard is proposing a change to the regulation 
governing the operation of the SR 46 (St. Claude Avenue) bridge, mile 
0.5 (GIWW mile 6.2 East of Harvey Lock), the SR 39 (Judge Seeber/
Claiborne Avenue) bridge, mile 0.9 (GIWW mile 6.7E), and the Florida 
Avenue bridge, mile 1.7 (GIWW mile 7.5E), across the Inner Harbor 
Navigation Canal in New Orleans, Orleans Parish, Louisiana. The 
proposal would codify the historic accommodation with marine interests 
that allows the bridges to remain closed-to-navigation and open to 
vehicular traffic during the morning and afternoon rush hours. The 
proposed regulation would require the bridges to open on signal; except 
that, from 6:45 a.m. to 8:30 a.m. and from 4:45 p.m. to 6:45 p.m., 
Monday through Friday, except federal holidays, the draws need not open 
for the passage of vessels. The draws shall open at any time for a 
vessel in distress. This change would allow for the uninterrupted flow 
of commuter traffic while still providing for the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 23, 2001.

ADDRESSES: You may mail comments to Commander (obc), 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: Mr. David Frank, 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 (CGD08-01-
002), 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 
confirmation of receipt of your comments, 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 comments received.

Public Meeting

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

Background and Purpose

    To meet the needs of commuters who cross these three bridges in the 
morning and afternoon en route to and from work in the Lower Ninth Ward 
area of New Orleans and in St. Bernard Parish, the Coast Guard is 
proposing to codify the historic accommodation with marine interests 
that allows the bridges to remain closed-to-navigation and open to 
vehicular traffic during the morning and afternoon rush hours.
    Concerns regarding the ability of vehicular traffic to transit 
across the Inner Harbor Navigation Canal date back to the 1970's. In 
June 1976, five New Orleans area legislators, in conjunction with the 
Dock Board, requested a change in the operating regulations governing 
their bridges across the Inner Harbor Navigation Canal. The Coast Guard 
spent many months attempting to reach an amiable resolution to the 
concerns of both vehicular and marine traffic. In April 1977, the Coast 
Guard began a test schedule to allow the three bridges to remain 
closed-to-navigation during the morning and evening while attempting to 
meet the reasonable needs of navigation.
    In August 1977, a second schedule was tested which made some 
modifications to the original test schedule. No final rule was 
published following the test period; however, the schedule remained in 
effect and this schedule continued until 1988.
    In 1988, the Louisiana Statute RS 34:28 was amended to require both 
the St. Claude Avenue and Claiborne Avenue bridges be kept open to 
vehicular traffic for extended periods during morning and evening rush 
hours. The Coast Guard objected to the statute stating that the federal 
government exercises jurisdiction over the operation of bridges over 
navigable waters. A subsequent Louisiana Attorney General's opinion on 
Act 453 of 1988 ruled it to be unconstitutional.
    In December 1988, the Dock Board, the Corps of Engineers, a 
representative from the American Waterways Operators, and the Coast 
Guard met to discuss the operations of the bridges. It was reiterated 
that the St. Claude bridge, immediately adjacent to the south lock gate 
of the lock, was controlled by the operations of the lock. It was 
determined at this meeting that the lock would schedule a river-to-lake 
lockage followed immediately by a lake-to-river lockage to encompass 
the rush hour time frame. Following the meeting, another test schedule 
for the operation of the bridges was published in the Coast Guard Local 
Notice to Mariners, the local newspaper and by notice from the Port of 
New Orleans as follows:
    (1). Morning Bridge Operations: 6:45 a.m.-8:15 a.m., Monday through 
Friday. (a). St. Claude Avenue bridge--Closed-to-navigation between 
6:45 a.m. and 7 a.m. and remains closed for a continuous one hour 
period, with the next opening no earlier than 7:45 a.m.; (b). Claiborne 
Avenue bridge--Closed-to-navigation from 6:45 a.m. to 8:15 a.m.; (c). 
Florida Avenue bridge--Open to northbound and southbound navigation 
traffic during one opening not to exceed 10 minutes between 7 a.m. and 
8 a.m.
    (2). Afternoon Bridge Operations: 4:30 p.m.-6:30 p.m., Monday 
through Friday. (a). St. Claude Avenue bridge--Closed-to-navigation 
between 4:45 p.m. and 5:15 p.m. and remains closed for a continuous one 
hour period, with the next opening no earlier than 5:45 p.m.; (b). 
Claiborne Avenue bridge--Closed-to-navigation from 4:30 p.m. to 6:30 
p.m.; (c). Florida Avenue bridge--Open to northbound and southbound 
navigation traffic during one opening not to exceed 10 minutes between 
5 p.m. and 6 p.m.
    This schedule was to be tested for a three-month period. However, 
during that three-month period, a vessel allision occurred at the 
Florida Avenue bridge which made the test invalid. The test was 
continued past this period and no Special Operation Regulation was ever 
completed.
    In 1994, the Coast Guard wrote a letter to the Dock Board to 
request a meeting to discuss the operation of the lock and bridges as 
no official Special Operation Regulations had ever been established for 
the three bridges. Following the meeting, hours for closure for the St. 
Claude bridge were extended to 6:45 a.m. to 8:15 a.m. and 4:30 p.m. to 
6:30

[[Page 11129]]

p.m. and the hours for closure for the Florida Avenue bridge were 
extended to 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m.
    Since 1988, our office has received only one complaint from a 
vehicular user of the St. Claude bridge regarding traffic delays at the 
bridge. No complaints have been received from waterway users.
    During the past several years, although no regulation has ever been 
established, all parties have accepted the spirit of the ``closure''.
    The Coast Guard wishes to codify the accepted historic practices of 
these three bridges. Presently, the Inner Harbor Navigation Canal Lock 
averages 32 lockings per day. During the hours of 6:45 a.m. to 8:15 
a.m., vehicular traffic averages between 400 and 600 vehicles westbound 
and between 100 and 200 vehicles eastbound per 15 minute period on the 
St. Claude Avenue bridge. During the hours of 4:45 p.m. to 6:15 p.m., 
vehicular traffic averages between 400 and 500 vehicles eastbound and 
between 100 and 200 vehicles westbound per 15 minute period on the St. 
Claude Avenue bridge. The Florida Avenue bridge averages approximately 
1100 cars during the entire morning curfew and approximately 800 cars 
during the entire afternoon curfew period. Traffic counts for the SR 39 
(Judge Seeber/Claiborne Avenue) were unavailable; however, Claiborne 
Avenue is the main artery for traffic between Orleans and St. Bernard 
Parishes and traffic counts would be expected to be higher on this 
roadway. The Claiborne Avenue bridge also provides a vertical clearance 
of 40 feet above mean high water in the closed-to-navigation position, 
which is significantly greater than the other two bridges.
    Another factor to be considered is the relocation of the Industrial 
Canal Lock. The Corps of Engineers has begun driving test piles to 
relocate the existing lock. The new lock will be located between the 
Florida Avenue bridge and the Claiborne Avenue bridge. The Florida 
Avenue bridge has been declared an obstructive bridge and will be 
replaced within the next several years. During the relocation of the 
lock, the St. Claude Avenue bridge will be replaced by a new bridge. A 
temporary bridge is planned to be constructed while the existing bridge 
is removed and replaced. The Claiborne Avenue bridge will be modified 
to increase the elevation of the bridge to maintain the existing 
vertical clearance of the bridge following the relocation of the lock. 
The subject closures will help relieve traffic-related congestion 
resulting from construction. As of this date, only the Florida Avenue 
bridge is scheduled to be replaced. No other bridge permit applications 
have been received by the Coast Guard at this time.
    The Coast Guard has reviewed the implications of the proposed 
regulations and their effect on the marine traffic transiting through 
this area. The proposed rule would establish the same operation 
schedules for all three draws to facilitate the flow of vehicular 
traffic during rush hours while still meeting the reasonable needs of 
navigation.
    Based upon the information provided, the Coast Guard is proposing a 
change to the regulation governing the operation of the draws of the SR 
46 (St. Claude Avenue) bridge, mile 0.5 (GIWW mile 6.2E), the SR 39 
(Judge Seeber/Claiborne Avenue) bridge, mile 0.9 (GIWW mile 6.7E), and 
the Florida Avenue bridge, mile 1.7 (GIWW mile 7.5E), across the Inner 
Harbor Navigation Canal in New Orleans, Orleans Parish, Louisiana. The 
proposed regulation would require the bridges to open on signal; except 
that, from 6:45 a.m. to 8:30 a.m. and from 4:45 p.m. to 6:45 p.m., 
Monday through Friday, except federal holidays, the draws need not open 
for the passage of traffic. The draws shall open at any time for a 
vessel in distress.

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 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    This proposed rule maintains the existing historically accepted 
curfews with a minor change allowing the bridge to remain closed-to-
navigation an additional 30 minutes.

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. This proposed rule would affect the following 
small entities: the owners or operators of vessels intending to transit 
the Inner Harbor Navigation Canal between mile 0.5 and mile 1.7 during 
the hours of 6:45 a.m. to 8:30 a.m. and 4:45 p.m. to 6:45 p.m., Monday 
through Friday except federal holidays.
    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 (Public Law 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 Executive Order 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.

[[Page 11130]]

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 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 M16475.1C, 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. In Sec. 117.458, paragraphs (a) and (b) are redesignated as 
paragraphs (b) and (c) and a new paragraph (a) is added to read as 
follows:


Sec. 117.458  Inner Harbor Navigation Canal, New Orleans.

    (a) The draws of the SR 46 (St. Claude Avenue) bridge, mile 0.5 
(GIWW mile 6.2E), the SR 39 (Judge Seeber/Claiborne Avenue) bridge, 
mile 0.9 (GIWW mile 6.7E), and the Florida Avenue bridge, mile 1.7 
(GIWW mile 7.5E), shall open on signal; except that, from 6:45 a.m. to 
8:30 a.m. and from 4:45 p.m. to 6:45 p.m. , Monday through Friday, 
except federal holidays, the draws need not open for the passage of 
vessels. The draws shall open at any time for a vessel in distress.
* * * * *

    Dated: February 12, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-4331 Filed 2-21-01; 8:45 am]
BILLING CODE 4910-15-P