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Drawbridge Operation Regulation; Chef Menteur Pass, LA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 10, 2000 (Volume 65, Number 91)]
[Proposed Rules]
[Page 30043-30045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my00-27]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-00-005]
RIN 2115-AE47
Drawbridge Operation Regulation; Chef Menteur Pass, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a change to the regulation
governing the operation of the U.S. Highway 90 bridge across Chef
Menteur Pass, mile 2.8 at Lake Catherine, Orleans Parish, Louisiana.
The proposal would change the current regulation which provides for a
two-hour morning closure period between 5:30 a.m. and 7:30 a.m. Mondays
through Fridays except Federal holidays and require the draw to open on
the hour and half-hour between 5:30 a.m. to 7:30 a.m., Monday through
Friday, except Federal holidays. This change would accommodate the
navigation needs of commercial fishing vessels.
DATES: Comments and related material must reach the Coast Guard on or
before July 31, 2000.
ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or
deliver them to room 1313 at the same address between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The Commander,
Eighth Coast Guard District, Bridge Administration Branch maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the Bridge Administration
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, 504-589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-00-
005), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Commander, Eighth Coast Guard
District, Bridge Administration Branch at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold
[[Page 30044]]
one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
To meet the needs of commuters who cross the U.S. Highway 90 bridge
each day en route to work in the Almonaster Industrial District, the
Coast Guard issued a final rule effective February 23, 1999 (64 FR
8720) allowing the bridge to remain closed to navigation from 5:30 a.m.
to 7:30 a.m., Monday Through Friday, except Federal holidays. The draw
opens at any time for a vessel in distress.
Since the rule has been in effect, the Coast Guard received
numerous complaints from operators of commercial fishing vessels
stating that the regulation does not meet the needs of navigation for
local commercial fishermen because they are required to haul in their
shrimp nets earlier than necessary to be able pass through the bridge
before the closure time. Local commercial fishermen generally trawl for
shrimp during evening hours. This is because brown shrimp feed at night
above the bottom. Once daylight occurs they bury themselves in the mud
and can no longer be caught with trawl nets. Since the fishermen need
to maximize trawling time, they work from sundown until sunrise then
enter port and unload their catches. In order for them to transit the
U.S. Highway 90 bridge before the 5:30 closure, they must haul in their
nets as much as two hours early and head into port. This cuts down
trawling time and causes loss of revenue. Based on complaints from
local commercial fishermen, the Coast Guard determined that the current
operating schedule may not meet the reasonable needs of navigation.
Discussion of Proposed Rule
This proposed rule would revise 33 CFR 117.436. In order to
accommodate motorists who live in the Lake Catherine area and commute
to work via the U. S. Highway 90 bridge across Chef Menteur Pass, mile
2.8, while providing for the needs of commercial fishermen, the Coast
Guard is proposing to change the regulation to permit the draw to open
to navigation only on the hour and on the half-hour from 5:30 a.m. to
7:30 a.m., Monday through Friday, except Federal holidays. The proposed
regulation would allow for the free flow of vehicular traffic for the
majority of the year, while still serving the reasonable needs of
navigational interests.
A comment period, extending through July 31, 2000 will be allowed
for mariners, motorists and other interested parties to provide
comments and data on the proposed change. During the comment period, to
test this proposed rule, the Coast Guard has issued a temporary
deviation from the drawbridge operating regulations. The temporary
deviation is published elsewhere in this Federal Register. The
temporary deviation is in effect from June 1, 2000 through June 30,
2000 and will require that the draw open for the passage of vessels on
the hour and on the half-hour from 5:30 a.m. to 7:30 a.m., Monday
through Friday, except Federal holidays. The bridge will open on signal
at all other times or at any time for a vessel in distress. We request
comments on how the test schedule works during this period.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This proposed rule will have a positive impact on the economic
status of the local commercial fishermen as it provides them with
adequate time to trawl. It will not create a significant adverse effect
for the local motorists who cross the bridge on weekdays en route to
work. The motorists will be able to adjust their commuting schedules to
accommodate the hour and half-hour drawbridge openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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 Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The small entities concerned with this
proposed rule are the local commercial fishermen who transit the
bridge. This proposed rule will positively affect the local commercial
fishermen by affording them adequate time to trawl. They will not be
required to haul in their nets early in order to transit through the
bridge en route to port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Bridge Administration
Branch, Eighth Coast Guard District at the address above.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of
[[Page 30045]]
E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.lC, this proposed rule is categorically excluded
from further environmental documentation. This proposal will change an
existing special drawbridge operating regulation promulgated by a Coast
Guard Bridge Administration Program action. A ``Categorical Exclusion
Determination'' is available in the docket 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; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.436 is revised to read as follows:
Sec. 117.436 Chef Menteur Pass.
The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake
Catherine, shall open on signal; except that, from 5:30 a.m. to 7:30
a.m., Monday through Friday except Federal holidays, the draw need open
only on the hour and on the half-hour for the passage of vessels. The
draw shall open at any time for a vessel in distress.
Dated: May 1, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 00-11703 Filed 5-9-00; 8:45 am]
BILLING CODE 4910-15-P