[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56207-56208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27875]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 
rule allows the dual bridges to remain closed to navigation during the 
morning and afternoon rush hours while still requiring three hours 
notification to open on signal at all other times.

DATES: This rule is effective December 7, 2001.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket and are available for inspection or copying at 
the office of the Eighth Coast Guard District, Bridge Administration 
Branch, 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, at the address given above or telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 16, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation, Lake Pontchartrain, LA 
in the Federal Register (66 FR 15373). We received three letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

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 Comments and Changes

    Three letters were received in response to the NPRM. National 
Mariner Fisheries Service offered no objections to the proposed change. 
Pontchartrain Materials offered no objections to the proposed project; 
however, they did offer comments regarding delays to vessels in 
distress. The Coast Guard explained that the drawbridge is required to 
open for vessels in distress. The U. S. Fish and Wildlife Service 
officer no objections to the proposed changes.

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.

[[Page 56208]]

    This 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 provided by the 
applicant, these periods occur between 5:30 a.m. and 9:30 a.m. and 
between 3 p.m. and 7 p.m.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered 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 will 
not have a significant economic impact on a substantial number of small 
entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls 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, Federalism, 
and have determined that this rule would not have implications for 
federalism under that Order. No comments were received with regards to 
federalism during the 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 does not impose an unfunded mandate. No comments 
were received with regards to unfunded mandates during the NPRM comment 
period.

Taking of Private Property

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

Civil Justice Reform

    This 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. No comments were received with 
regards to civil justice reform during the NPRM comment period.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule 
and concluded that, under figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.lD, this 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 amends 
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 117.467, paragraph (b) is revised to read as follows:


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 above.

    Dated: October 25, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-27875 Filed 11-6-01; 8:45 am]
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