[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Rules and Regulations]
[Pages 69556-69557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33395]
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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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