Drawbridge Operation Regulation; Gulf Intracoastal Waterway, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-033]

RIN 2115-AE47

Drawbridge Operation Regulation; Gulf Intracoastal Waterway, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Louisiana Department of Transportation

and Development (LDOTD), the Coast Guard is considering a change to the

regulation governing the operation of the vertical lift span drawbridge

across the Gulf Intracoastal Waterway, mile 35.6, at Larose, Lafourche

Parish, Louisiana. The proposed regulation would require that from 7

a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday,

except Federal holidays, the draw of the bridge would remain closed to

navigation for passage of vehicular traffic during peak traffic

periods. At all other times the draw would open on signal for passage

of vessels. Presently, the draw is required to open on signal at all

times. This action would relieve traffic congestion on the bridge

during these periods, and still provide for the reasonable needs of

navigation.

DATES: Comments must be received on or before February 6, 1995.

ADDRESSES: Comments should be mailed to Commander (ob), Eighth Coast

Guard District, 501 Magazine Street, New Orleans, Louisiana 70130-3396,

or may be delivered to Room 1313 at the same address between 8 a.m. and

3 p.m., Monday through Friday, except Federal holidays. The telephone

number is (504) 589-2965.

FOR FURTHER INFORMATION CONTACT:

Mr. John Wachter, Bridge Administration Branch, at the address given

above, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested parties are invited to participate in the proposed

rulemaking by submitting written views, comments, or arguments. Persons

submitting comments should include their names and addresses, identify

the bridge and give reasons for concurrence with or any recommended

change in this proposal. Persons desiring acknowledgement that their

comments have been received should enclose a stamped, self-addressed

postcard or envelope.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Eighth Coast Guard District at the

address under ADDRESSES. The request should include reasons why a

hearing would be beneficial. If it determines that the opportunity for

oral presentations will aid this rulemaking, the Coast Guard will hold

a public hearing at a time and place announced by a later notice in the

Federal Register.

The Commander, Eighth Coast Guard District, will evaluate all

communications received and determine a course of final action on this

proposal. The proposed regulation may be changed in the light of

comments received.

Drafting Information

The drafters of this regulation are Mr. John Wachter, project

officer, and LT Elisa Holland, project attorney.

Background and Purpose

The Louisiana Department of Transportation and Development has

requested the new regulation because vehicular traffic crossing the

bridge during the proposed closure periods has increased dramatically

during recent years and severe congestion occurs during peak traffic

hours. The proposed regulation would allow for the uninterrupted flow

of vehicular traffic, while still providing for the reasonable needs of

navigation.

Discussion of Proposed Rules

The Louisiana State Route 1 vertical lift span bridge across the

Gulf Intracoastal Waterway, mile 35.6, at Larose, Lafourche Parish,

Louisiana, has 35 feet vertical clearance above mean high water in the

closed to navigation position and 73 feet vertical clearance above mean

high water in the open to navigation position. The horizontal clearance

is 125 feet. Navigation on the waterway consists of tugs with tows,

fishing vessels, sailing vessels, oil field work boats and recreational

craft. Data provided by LDOTD show that from June 1993 through May

1994, the number of vessels that passed the bridge during the proposed

closure period from 7 a.m. to 8:30 a.m. average 1.3 vessels per day.

The number of vessels that passed the bridge during the proposed 4:30

p.m. to 6 p.m. closure averaged 1.4 vessels per day.

Data show that approximately 658 vehicles cross the bridge during

the proposed 7 a.m. to 8:30 a.m. closure period and approximately 1,247

vehicles cross the bridge during the proposed 4:30 p.m. to 6 p.m.

closure period.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential cost and benefits under section 6(a)(3) of that order. It has

not been reviewed by the Office of Management and Budget 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 proposal to be

so minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal if adopted, will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

Since the proposed rule also considers the needs of local

commercial fishing vessels, the economic impact is expected to be

minimal. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b)

that this proposal, if adopted, will not have a significant economic

impact on a substantial number of small entities.

Collection of Information

This proposal contains no collection-of-information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Implications

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the proposed rulemaking does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under paragraph 2.B.2. of Commandant

Instruction M16475.1B, this proposal is categorically excluded from

further environmental documentation. A ``Categorical Exclusion

Determination'' is available in the docket for inspection or copying

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 from Part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. Section 117.451 is amended by revising paragraph (c) to read as

follows:

Sec. 117.451 Gulf Intracoastal Waterway.

* * * * *

(c) The draw of the SR1 bridge, mile 35.6, at Larose, shall open on

signal; except that, from 7 a.m. to 8:30 a.m. and from 4:30 p.m. to 6

p.m. Monday through Friday except Federal holidays, the draw need not

be opened for the passage of vessels.

* * * * *

Dated: November 21, 1994.

R. C. North,

Read Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.

[FR Doc. 94-30057 Filed 12-6-95: 8:45 am]

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