Drawbridge Operation Regulation; Lake Pontchartrain, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-075]

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 December 14, 1998 through March 20, 1999, the draws

will remain closed to navigation Mondays through Saturdays except for

federal holidays and the weekends inclusive of federal holidays and on

Mardi Gras Day, the draws will open on signal if at least three hours

notice is given. This temporary rule is issued to allow for completion

of a project to clean and paint the bascule structures, an extensive

but necessary maintenance operation.

DATES: This temporary rule is effective from December 14, 1998 through

March 20, 1999.

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, Hale Boggs

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 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 and telephone number given above.

SUPPLEMENTARY INFORMATION: On June 23 1998, the Coast Guard issued a

temporary rule [63 FR 35820 (July 1, 1998)] for the regulation

governing the operation of the draws of the Greater New Orleans

Expressway Commission causeway, north bescule spans across Lake

Pontchartrain, to allow the draws to remain closed Monday through

Saturday from July 6, 1998 through November 10, 1998. The temporary

rule was issued to allow for the cleaning and painting of the bascule

structures. However, the contractor was unable to complete the project

for reasons including the approach of two hurricanes in the month of

September which required the removal of all equipment from the site.

Presently, the contractor is prepared to continue with the project and

is expending funds to maintain barges, tugs and related equipment

needed to complete the project. The temporary rule expired on November

10, 1998. November 27, 1998, the Coast Guard received a request from

the Greater New Orleans Expressway Commission for another temporary

rule to allow the work to begin on December 4, 1998 and to continue

through March 13, 1999. Since this request did not provide an

opportunity for notices to mariners to be issued, the effective dates

were changed to December 14, 1998 through March 20, 1999. The portions

of the bascule structure which have not been stripped and painted

remain in a deteriorated condition which warrants the closures so that

remedial work can be accomplished. The contractor is prepared to resume

work and will experience loss of funds if not allowed to continue

without unnecessary delays. The Coast Guard was not notified in time to

issue a notice of proposed rulemaking. For these reasons, good cause

exists to issue this temporary rule without notice to provide an

opportunity for comments and 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. 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. The 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 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. This is because of the majority of vessels affected by the

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

recreational sailboats 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 through 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

Coast Guard must consider whether this temporary rule will have a

significant economic impact on a substantial number of small

entities.``Small entities'' may include small businesses, not-for-

profit organizations that are independently owned and operated and are

not dominant in their fields and governmental jurisdictions with

[[Page 69557]]

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 users 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 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, under figure 2-1, paragraph 32(e),

of COMDTINST M16475.1C, this temporary rule is categorically excluded

from further environmental documentation. This is a Bridge Program

Administrative action, promulgating operating regulations or procedures

of drawbridges. The project consists of cleaning and painting the

bascules on a permitted bridge, consistent with Federal, State and

local laws and administrative determinations relating to the

environment. A ``Categorical Exclusion Determination'' is available to

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 Pub. L. 102-587,

106 Stat. 5039.

2. Effective December 14, 1998 through March 20, 1999, Sec. 117.467

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

as follows:

Sec. 117.467 Lake Pontchartrain.

* * * * *

(c) From December 14, 1998 through March 20, 1999 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 December 25, 26 and 27, 1998, January 1, 2, 3, 16, 17, and 18,

1999, and February 13, 14, 15 and 16, 1999. From 12:01 a.m. on Sundays

to 12:01 a.m. on Mondays and on December 25, 26 and 27, 1998, January

1, 2, 3, 16, 17 and 18, 1999, and February 13, 14, 15 and 16, 1999, the

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

Dated: December 7, 1998.

Paul J. Pluta,

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

[FR Doc. 98-33395 Filed 12-16-98; 8:45 am]

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