[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Proposed Rules]
[Pages 42972-42974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20317]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-022]
RIN 2115-AE47


Drawbridge Operation Regulation; Lake Pontchartrain, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the drawbridge 
operation regulation for the draw of the Greater New Orleans Expressway 
Commission Causeway across Lake Pontchartrain between Metairie, 
Jefferson Parish and Mandeville, St. Tammany Parish, Louisiana. The 
proposed rule would allow the dual bridges to remain closed to 
navigation during the morning and afternoon rush hours while still 
requiring three hours notification at all other times.

DATES: Comments and related material must reach the Coast Guard on or 
before October 15, 2001.

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 above 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, at the address given above or telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested parties to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD08-01-022) and the specific section of this 
document to which each comment applies and give the reason for each 
comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. 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 by notice in the Federal 
Register.

Background and Purpose

    The bascule span of the dual bridges of the Greater New Orleans 
Expressway Commission Causeway across Lake Pontchartrain presently 
opens on signal if at least three hours notice is given. The Greater 
New Orleans Expressway Commission has requested a change in the 
operating schedule of the dual bridges to allow the draw to remain 
closed during peak vehicular traffic periods. Approximately 15,000 
vehicles cross the dual bridges in each direction daily. Of the nearly 
15,000 vehicles that cross the southbound bridge from St. Tammany 
Parish to Jefferson Parish, approximately 50% of these vehicles cross 
this bridge between the hours of 5:30 a.m. and 9:30 a.m. Of the nearly 
15,000 vehicles that cross the northbound bridge from Jefferson Parish 
to St. Tammany Parish, approximately 50% of these vehicles cross this 
bridge between the hours of 3 p.m. and 7 p.m. During these peak traffic 
periods, an opening of the draw can cause traffic to back up 
approximately four to five miles.
    Tender logs for the past year indicate that only six vessels have 
required the draw to open during these times.

Discussion of Proposed Rule

    The proposed rule would modify the existing regulation in 33 CFR 
117.467(b) to require the draw of the Greater New Orleans Expressway 
Commission Causeway to open on signal if at least three hours notice is 
given; except that, the draw need not be opened for the passage of 
vessels Monday through Friday except Federal holidays from 5:30 a.m. to 
9:30 a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for 
any vessel in distress or vessel waiting immediately following the 
closures listed above.
    The draw of the Causeway at the north channel has a vertical 
clearance of 42 feet above mean high water in the closed-to-navigation 
position and unlimited clearance in the open-to-navigation position. 
Navigation on the waterway consists of small tugs with tows, fishing 
vessels, sailing vessels, and other recreational craft. As an alternate 
route, the south channel fixed spans of the dual bridges provides a 
vertical clearance of 50 feet above mean high water.
    The Coast Guard believes that allowing the draw to remain closed to 
navigation during the morning and afternoon peak vehicular traffic time 
periods is reasonable and will still meet the needs of navigation. This 
conclusion is based upon the low number of opening requests received 
during these time periods.

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

[[Page 42973]]

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 proposed rule allows vessels ample opportunity to transit this 
waterway with proper notification before and after the peak vehicular 
traffic periods. According to the vehicle traffic surveys, these 
periods occur between 5:30 and 9:30 a.m. and 3 and 7 p.m.

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 proposed rule has considered the needs of 
the local commercial vessels and it has been determined that, under 5 
U.S.C. 605(b), it would not have a significant economic impact on a 
substantial number of small entities.
    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 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 
proposed 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 economically significant and does not 
cause an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.lD, this proposed rule be categorically 
excluded from further environmental documentation. 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. 117.467, paragraph (b) is revised to read as follows:


Sec. 117.467  Lake Pontchartrain.

* * * * *
    (b) The draw of the Greater New Orleans Expressway Commission 
Causeway shall open on signal if at least three hours notice is given; 
except that, the draw need not be opened for the passage of vessels 
Monday through Friday except Federal holidays from 5:30 a.m. to 9:30 
a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for any 
vessel in distress or vessel waiting immediately following the closures 
listed in this section.


[[Page 42974]]


    Dated: August 6, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-20317 Filed 8-15-01; 8:45 am]
BILLING CODE 4910-15-U