Drawbridge Operating Regulation; Gulf Intracoastal Waterway, Algiers Alternate Route, Louisiana

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-057]

RIN 2115-AE47

Drawbridge Operating Regulation; Gulf Intracoastal Waterway,

Algiers Alternate Route, Louisiana

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily

changing the regulation governing the operation of the State Route 23

vertical lift span drawbridge across the Gulf Intracoastal Waterway

(Algiers Alternate Route), mile 3.8, at Belle Chasse, Louisiana. The

Temporary rule will allow the bridge to remain closed to navigation

from 4 p.m. until 6:45 p.m. on Saturday, October 30, 1999 and from 4

p.m. until 7 p.m. on Sunday, October 31, 1999. This temporary rule is

issued to facilitate movement of vehicular traffic for the New Orleans

Open House 1999 Air Show, to be held at the U.S. Naval Air Station,

Joint Reserve Base at Belle Chasse, Louisiana.

DATES: This temporary rule is effective from 4 p.m. on October 30, 1999

until 7 p.m. on October 31, 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

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 Bridge Administration Branch of the eighth

Coast Guard District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Johnson, Bridge

Administration Branch, Commander (ob), Eighth Coast Guard District, 501

Magazine Street, New Orleans, Louisiana, 70130-3396, telephone number

504-589-2965.

SUPPLEMENTARY INFORMATION:

Discussion of Temporary Rule

The State Route 23 vertical lift span drawbridge across the Gulf

Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle

Chasse, Louisiana has a vertical clearance of 40 feet above mean high

water in the closed-to-navigation position and 100 feet above mean high

water in the open-to-navigation position. Navigation on the waterway

consists primarily of tugs with tows, commercial fishing vessels, and

occasional recreational craft.

The Louisiana Department of Transportation and Development has

requested a temporary rule changing the operation of the State Route 23

vertical lift span drawbridge. The rule is needed to accommodate the

additional volume of vehicular traffic that the New Orleans Open House

Air Show is expected to generate. Between 150,000 and 200,000 members

of the public are expected to attend the New Orleans Open House Air

Show on each day. The temporary rule will allow for the expeditious

dispersal of the heavy volume of vehicular traffic expected to depart

the U.S. Naval Air Station, Joint Reserve Base following the event.

The Coast Guard has determined that good cause exists to forego a

notice and comment period for this rulemaking. Following normal

rulemaking procedures in this instance would be impractical because the

Coast Guard Bridge Administration Branch did not receive notification

of the event in sufficient time to accommodate a notice and comment

period. Further, there is not enough time to reschedule or delay the

event. For the above reasons the Coast Guard has also determined that

good cause exists to make this temporary rule effective in less than 30

days after publication.

Regulatory Evaluation

This 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 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

10(e) of the regulatory policies and procedures of DOT is unnecessary.

This is because the number of vessels impaired during the closed-to-

navigation periods is minimal. All commercial vessels still have ample

opportunity to transit this waterway before and after the two-hour and

45-minute closure on October 30 and the three-hour closure on October

31, 1999. Additionally, a practical alternate route of approximately

seven additional miles is available via the Harvey Canal and the

Mississippi River.

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

populations of less than 50,000.

The temporary rule considers the needs of local commercial fishing

[[Page 55138]]

vessels, as the study of vessels passing the bridge included such

commercial vessels. These local commercial fishing vessels will only be

inconvenienced for two hours and 45 minutes on a Saturday and three

hours on a Sunday on a one-time basis. Also, there is a practical

alternate route of approximately seven additional miles via the Harvey

Canal and Mississippi River. Thus, the economic impact is expected to

be minimal. There is no indication that other waterway users would

suffer any type of economic hardship if they are precluded from

transiting the waterway during the hours that the draw is scheduled to

remain in the closed-to-navigation position. 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 does not provide for a collection-of-

information requirement under the Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this temporary rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this temporary rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment. The authority to regulate the permits of bridges over the

navigable waters of the U.S. belongs to the Coast Guard by Federal

statutes.

Environment

The Coast Guard considered the environmental impact of this

temporary rule and concluded that under Figure 2-1, paragraph 32(e) of

Commandant Instruction M16475.1C, this 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 ADDRESES.

List of Subjects in 33 CFR Part 117

Bridges.

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

amending 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. Effective October 30, 1999 through October 31, 1999 Sec. 117.451

is amended by suspending paragraph (b) and adding a new paragraph (f).

Sec. Sec. 117.451 Gulf Intracoastal Waterway.

* * * * *

(f) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8

at Belle Chasse, shall open on signal; except that from 4 p.m. until

6:45 p.m. on Saturday, October 30, 1999 and from 4 p.m. until 7 p.m. on

Sunday, October 31, 1999, the draw need not open for the passage of

vessels.

Dated: September 30, 1999.

Paul J. Pluta,

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

[FR Doc. 99-26531 Filed 10-8-99 8:45 am]

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