Drawbridge Operation Regulation; Lake Pontchartrain, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-97-007]

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 proposes to temporarily change the regulation

for the operation of the north bascule twin span drawbridges across

Lake Pontchartrain between Metairie and Mandeville, Louisiana to

authorize them to remain closed to navigation from June 9, 1997, until

October 10, 1997, except on alternating weekends. On alternating

weekends during this period when working is not being conducted, the

draws will open if 3 hours notice is given. This action is necessary to

facilitate cleaning and painting of the bascule structures.

DATES: Comments must be received on or before May 5, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this

preamble are 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 4 p.m., Monday through Friday,

except Federal holidays. The telephone number is (504) 589-2965.

Commander (ob) maintains the public docket for this proposed temporary

rule.

Comments may be submitted to the above address.

FOR FURTHER INFORMATION CONTACT:

Phil Johnson, Bridge Administration Branch, (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. Please submit two copies of all comments and

attachments in an unbound format, no larger than 8\1/2\ by 11 inches,

suitable for electronic filing. 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 is determined that the opportunity

for oral presentations will aid in the implementation of this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register. Because of

the need to proceed to final rule by June 1997, a 30 day comment period

is being used. The affected area is a small geographic area; notice of

publication will be provided in the local notice to mariners, and local

business will be contacted.

The Coast Guard will evaluate all comments received and determine a

course of final action on this proposal. The proposed regulation may be

changed in the light of comments received.

Background and Purpose

The north bascule span of the Greater New Orleans Expressway

Commission (GNOEC) across Lake Pontchartrain, Louisiana 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.

The Lake Pontchartrain Causeway South Channel fixed span offers an

alternate route with a vertical clearance of 50 feet above mean high

water. Navigation on the waterway consists of small tugs with tows,

fishing vessels, sailing vessels, and other recreational craft.

For protection of the environment, the cleaning and painting

operation requires a fully enclosed system with negative air pressure.

The special equipment used for this procedure has to be removed each

time the draw span is opened. Since this process is time consuming and

costly, the equipment

[[Page 16123]]

should remain in place for 12-day periods, allowing the contractor to

maximize work time.

Painting operations in the counterweight area will require the

bridge to be placed in the open to navigation position. During the time

in which the span of one bridge is in the open position to be painted,

the span of the other bridge will need to be closed to detour vehicular

traffic. High weekday traffic volumes and the requirement to paint

during daylight will require that the work be done on weekends. Records

obtained from the GNOEC indicate that most of the marine traffic

requiring a bridge opening is recreational sailboat traffic which

normally transits the bridge on weekends. Therefore, painting of the

counterweight areas will only be conducted every other weekend. The

bridge will operate normally on the alternate weekends, when painting

of the counterweight areas is not being conducted, and on the weekends

of Independence Day and Labor Day, including adjoining Federal weekday

holidays.

The Coast Guard proposes to temporarily change the regulation for

the operation of the Greater New Orleans Expressway Commission

Causeway, north bascule span so that the draws need not open for the

passage of vessels from June 9, 1997 to October 10, 1997 except that on

the following dates the draws will open on signal if three hours notice

is given: June 21 and 22; July 4, 5 and 6, July 19 and 20, August 2 and

3, August 16, and 17, August 30 and 31 and September 1, September 13

and 14 and September 27 and 28, 1997. In the event of an approaching

tropical storm or hurricane, the bridge will be returned to the normal

operation within 24 hours.

The Greater New Orleans Expressway Commission has requested this

temporary rule so that cleaning and painting of the structure can be

accomplished. The short term inconvenience, attributable to a delay of

vessel traffic for a maximum of twelve days at any time during this

period, is outweighed by the long term benefits to be gained by keeping

the bridge free of corrosion and in proper working condition.

Regulatory Evaluation

This proposed temporary rule 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

temporary rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

Bridge tender logs for 46 random weeks throughout 1996 and early

1997 were obtained from GNOEC. The records showed that, other than

during weeks with holidays or during weeks when sailboat regattas

transit the bridge, an average of 6 vessels per week required openings

of the draw spans. Out of 259 vessels which required bridge openings,

224 were recreational sailboats, 32 were commercial vessels, 1 was a

commercial fishing vessel and 2 were U.S. Coast Guard construction

tenders. On average, 87% of all vessels requiring a bridge opening were

recreational sailboats.

The Coast Guard canvassed the small business community by

contacting boat yards, marinas and restaurants which operate waterfront

facilities in the Lake Pontchartrain area. They were asked if the

proposed temporary rule would have an economic impact on their

businesses. None of the business operators indicated that the proposed

temporary rule would severely impact them. One business stated there

could be minor economic impact, but based on the fact that only an

average of 6 vessels per week require an opening, and that sailboats

which require more than the 50 feet of clearance available at the South

Channel Span, would be able to schedule transits through the North

Channel Draw every other weekend, no significant impacts would be

anticipated.

Small Entities

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

Coast Guard must consider whether this proposed temporary rule 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. Several small businesses were

individually contacted and requested to verbally comment on the

potential economic impacts that the proposed temporary rule could have

on them. Based on the comments obtained, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed temporary rule will not have a

significant economic impact on a substantial number of small entities.

If, however, you think that your business or organization qualifies as

a small entity and that this will have a significant economic impact,

please comment, explaining why your business or organization qualifies,

and to what degree this proposed rule will economically effect it.

Collection of Information

This proposed temporary rule contains no collection-of-information

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

seq.).

Federalism

The Coast Guard has analyzed this proposal in under the principles

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

determined that this rule does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed temporary rule and concluded that under paragraph 2.B.2.g(5)

of Commandant Instruction M16475.1B, this proposed temporary rule 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.

Regulation

For the reasons set out in the preamble, the Coast Guard is

amending 33 CFR Part 117 as follows:

PART 117--[AMENDED]

1. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; and 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 a new paragraph (c) to read as follows:

Sec. 117.467 Lake Pontchartrain.

* * * * *

(c) From 7 a.m. on June 9, 1997 through 6 p.m. on October 10, 1997,

paragraph (b) does not apply and, the draws of the Greater New Orleans

Expressway Commission Causeway, north bascule span need not open for

the passage of vessels; except that on the following dates the draws

will open on signal if three hours notice is given:

[[Page 16124]]

June 21 and 22; July 4, 5 and 6, July 19 and 20, August 2 and 3, August

16 and 17, August 30 and 31 and September 1, September 13 and 14 and

September 27 and 28, 1997. In the event of an approaching tropical

storm or hurricane, the draws will return to normal operation within 24

hours.

Dated: March 24, 1997.

T.W. Josiah,

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

[FR Doc. 97-8507 Filed 4-3-97; 8:45 am]

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