Drawbridge Operation Regulation; Inner Harbor Navigation Canal, LA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-007]

RIN 2115-AE47

Drawbridge Operation Regulation; Inner Harbor Navigation Canal,

LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to temporarily change the

regulation for the operation of the draw of the L & N Railroad/Old

Gentilly Road bascule span drawbridge across the Inner Harbor

Navigation Canal, mile 2.9 at New Orleans, Orleans Parish, Louisiana.

This proposal would allow the draw of the L&N Railroad/Old Gentilly

Road bascule span drawbridge to remain closed to navigation daily from

8 a.m. until noon and from 1 p.m. until 5 p.m. from May 17 through May

28, 1999, June 1 through July 2, 1999, July 6 through September 3, 1999

and from September 7 through September 22. This proposed temporary rule

will allow for replacement of the damaged fender system, an extensive

but necessary maintenance operation. Presently, the draw opens on

signal at all times.

DATES: Comments must be received on or before April 29, 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. Comments should also be submitted to the same

address. The Bridge Administration Branch of the Eighth Coast Guard

District maintains the public docket for this proposed temporary rule.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration

Branch, at the address given above. Telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Requests for Comments

The Coast Guard encourages interested parties to participate in

this rulemaking by submitting written data,views, or arguments. Persons

submitting comments should include their names and addresses, identify

this rulemaking (CGD 08-99-007) and the specific section of this

document to

[[Page 12796]]

which each comment applies, and give the reason for each comment.

Please submit two copies of all comments and attachments in an unbound

format, no larger than 8\1/2\ by 11 inches, suitable for copying and

electronic filing. Persons wanting acknowledgement of receipt of

comments should enclose stamped, self-addressed postcards or envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

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

public hearing by writing to the Eighth Coast Guard District, Bridge

Administration Branch at the address under ADDRESSES. The request

should include the reasons why a hearing would be beneficial. If it is

determined 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 comment

period will be limited to 45 days because the rule needs to be

effective by May 15, 1999.

The L&N Railroad/Old Gentilly Road bascule span drawbridge across

the inner Harbor Navigation Canal, mile 2.9, in New Orleans, Louisiana

has a vertical clearance of one foot above mean high water in the

closed-to-navigation position and unlimited in the open-to-navigation

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

ships, fishing vessels, sailing vessels and other recreational craft.

The Board of Commissioners of the Port of New Orleans requested a

proposed temporary rule for the operation of the drawbridge to

accommodate maintenance work, involving removing portions of the

existing damaged fender system, driving new pilings and replacing the

timbers. This work is essential for continued safe transit of vessels

through the bridge. This proposal would allow the draw of the L&N

Railroad/Old Gentilly Road bascule span drawbridge to operate as

follows: From May 17 through May 28, 1999, June 1 through July 2, 1999,

July 6 through September 3, 1999 and from September 7 through September

22, 1999 the draw need not open for the passage of vessels from 8 a.m.

until noon and from 1 p.m. until 5 p.m.

In the event of an approaching tropical storm or hurricane, the

draw will return to normal operation within 12 hours notice from the

Coast Guard. Presently, the draw opens on signal at any time.

Regulatory Evaluation

This proposed temporary rule is not a significant regulatory action

under section 3(f) of Executive Order 12866 and does not required 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

proposed 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 number of vessels

affected by the closure is minimal. Commercial vessels, sailboats and

most of the other recreational craft which normally transit the bridge

will be able to do so between the hours of 5 p.m. and 8 a.m. and during

the one-hour, mid-day opening between noon and 1 p.m.

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 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. Commercial vessels and fishing vessels

which normally transit the causeway bridge will still be able to do so

between the hours of 5 p.m. and 8 a.m. and during the one hour mid-day

opening between noon and 1 p.m. Thus, the Coast Guard expects there to

be no significant 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

proposed temporary rule will not have a significant economic impact on

a substantial number of small entities.

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 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 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 Environmental 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 proposes

to amend 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; 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 from May 17, 1999 through September 22, 1999

Sec. 117.458 is amended by adding a new paragraph (c) to read as

follows:

Sec. 117.458 Inner Harbor Navigation Canal, New Orleans.

* * * * *

(c) The draw of the L&N Railroad/Old Gentilly Road bridge, mile

2.9, shall operate as follows: From May 17 through May 28, 1999, June 1

through July 2, 1999, July 6 through September 3, 1999 and from

September 7 through September 22, 1999 the draw need not open for the

passage of vessels from 8 a.m. until noon and from 1 p.m. until 5 p.m.

At all other times the bridge opens on signal. In the event of an

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

normal operation within 12 hours of notification by the Coast Guard.

Dated: March 1, 1999.

Paul J. Pluta,

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

[FR Doc. 99-6223 Filed 3-12-99; 8:45 am]

BILLING CODE 4910-15-M