Drawbridge Operation Regulation; Lake Pontchartrain, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-036]

RIN 2115-AE47

Drawbridge Operation Regulation; Lake Pontchartrain, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation for the

operation of the draws of the Greater New Orleans Expressway Commission

causeway, north bascule spans across Lake Pontchartrain between

Metairie, Jefferson Parish and Mandeville, St. Tammany Parish,

Louisiana. From July 6, 1998 through November 10, 1998, the draws will

remain closed to navigation Monday through Saturday except for

September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10, 11

and 12, 1998. During these closure periods there will be crane barges

under the bridge to support equipment. On Sundays and on September 5,

6, 7, 24, 25, 26, 27, 28 and 29, 1998, October 10, 11 and 12, 1998, the

draws will open on signal if at least three hours notice is given. In

the event of an approaching tropical storm or hurricane, the draw will

return to normal operation within 12 hours and the channel cleared of

all construction equipment. This temporary rule is issued to allow for

cleaning and painting of the bascule structure, an extensive but

necessary maintenance operation.

DATES: This temporary rule is effective from July 6, 1998 through

November 10, 1998.

ADDRESSES: Unless otherwise indicated, documents referred to in this

notice are available for inspection or copying at the office of the

Eighth Coast Guard District, Bridge Administration Branch,

[[Page 35821]]

Hale Boggs Federal Building, room 1313, 501 Magazine Street, New

Orleans, Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday though

Friday, except Federal holidays. The Bridge Administration Branch of

the Eighth Coast Guard District maintains the public docket for this

temporary rule.

FOR FURTHER INFORMATION CONTACT: Phil Johnson or David Frank, Bridge

Administration Branch, at the address given above.

SUPPLEMENTARY INFORMATION: On April 10, 1998, the Coast Guard issued a

temporary deviation from the regulation governing the operation of the

draws of the Greater New Orleans Expressway Commission causeway, north

bascule spans across Lake Pontchartrain, to allow the draw to remain

closed Monday through Saturday from May 4, 1998 through July 2, 1998.

The deviation was issued to allow for the cleaning and painting of the

bascule structures. However, the contractor was unable to mobilize for

reasons including contract negotiation, acquisition of insurance and

impeded access to the job site due to a navigation lock closure. The

Greater New Orleans Expressway Commission has requested the Coast Guard

issue a temporary rule to allow the work to begin on July 6, 1998 and

to continue through November 10, 1998. The deteriorated condition of

the bridge warrants the closures so that remedial work can be

accomplished. The Coast Guard was not notified in time to issue a

notice of proposed rulemaking. For this reason, good cause exists to

make this temporary rule effective in less than 30 days after

publication.

Background and Purpose

The south channel span of the Greater New Orleans Expressway

Commission causeway across Lake Pontchartrain Louisiana provides 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. 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 must remain in place for 6-day periods, allowing

the contractor to maximize work time. While the draw span being

serviced is in the closed to navigation position, the equipment will be

supported by two crane barges which must remain in place below the draw

span. As a result, the channel will be completely blocked by the

barges. The short term inconvenience, attributable to a delay of vessel

traffic which is not able to use the south channel span as an alternate

route, for a maximum of six days, is outweighed by the long term

benefits to be gained by keeping the bridges free of corrosion and in

proper working condition. This work is essential for the continued

operation of the draw spans. Presently, the draws open on signal if at

least three hours notice is given.

Regulatory Evaluation

This temporary rulemaking is not a significant regulation 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. This is because the majority of vessels affected by the

closure is minimal. The majority of commercial vessel and most of the

recreational sailboats which normally transit the causeway bridge are

able to do so at one of the navigation humps, located at four mile

intervals along the bridge, or though the south channel span, which

provides a vertical clearance of 50 feet above mean high water.

Small Entities

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

Cost Guard must consider whether this 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. The majority of commercial vessels and

fishing vessels which normally transit the causeway bridge will still

be able to do so through the south channel span. Thus, the Coast Guard

expects there to be no significant economic impact on these vessels.

The Coast Guard is not aware of any other waterway who would suffer

economic hardship from being unable to transit the waterway during

these closure periods. Therefore, the Coast Guard certifies under 5

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

economic impact on a substantial number of small entities.

Collection of Information

This 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

temporary rule and concluded that this action is categorically excluded

from further environmental documentation under current Coast Guard CE

#32(e), in accordance with Section 2.B.2 and Figure 2-1 of the National

Environment Protection Act Implementing Procedures, COMDTINST

M16475.1C. 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 is

amending part 117, 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; and 33 CFR 1.05-1(g);

section 117.255 also issued under the authority of Public Law 102-

587, 106 Stat. 5039.

2. Effective July 6, 1998 through November 10, 1998, Sec. 117.467

is amended by suspending paragraph (b) and adding paragraph (c) to read

as follows:

Sec. 117.467 Lake Pontchartrain.

* * * * *

(c) From July 6, 1998 through November 10, 1998 the draws of the

Greater New Orleans Expressway Commission causeway, north bascule span,

need not open for the passage of vessels Monday through Saturday except

for September 5, 6, 7, 24, 25, 26, 27, 28 and 29, 1998 and October 10,

11 and 12, 1998. From 12:01 a.m. on Sundays to 12:01 a.m. on Mondays

and on September 5, 6, 7, 24, 25, 26, 27, 28

[[Page 35822]]

and 29 and October 10, 11 and 12, 1998 the draws will open on signal if

at lease three hours notice is given. In the event of an approaching

tropical storm on hurricane, the channel will be cleared and the draws

will return to normal operation within 12 hours.

Dated: June 23, 1998.

A.L. Gerfin, Jr.

Captain, U.S. Coast Guard, Commander, 8th Coat Guard Dist. Acting.

[FR Doc. 98-17510 Filed 6-30-98; 8:45 am]

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