Jump to main content.

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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: October 11, 2000 (Volume 65, Number 197)]
[Rules and Regulations]
[Page 60360-60361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc00-10]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-021]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is 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 change allows the bridge to remain closed
to navigation from 4 p.m. until 7 p.m. on Saturday and Sunday of the
last weekend in October. This change facilitates the movement of
vehicular traffic from the New Orleans Open House Air Show held
annually at the Naval Air Station, Joint Reserve Base at Belle Chasse,
Louisiana.

DATES: This rule is effective October 11, 2000.

ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
will be 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 3 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration
Branch, Commander (ob), Eighth Coast Guard District, 501 Magazine
Street, New Orleans, Louisiana, 70130-3396, telephone number 504-589-
2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 28, 2000, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operating Regulation; Gulf Intracoastal
Waterway, Algiers Alternate Route, Louisiana, in the Federal Register
(65 FR 52057). We received no letters commenting on the proposed rule.
No public hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
    The change in the regulation involves a community event of limited
duration and scope. The closure involves only one bridge and alternate
routes are available. No comments were received during the comment
period included in the Notice of Proposed Rulemaking. No objections
from waterway users have been received and the event will be published
in the Local Notice to Mariners.

Background and Purpose

    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 Department of the Navy requested a rule changing the operation
of the State Route 23 vertical lift span drawbridge. The change
accommodates the additional volume of vehicular traffic that the New
Orleans Open House Air Show generates each year. 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 change allows for the expeditious
dispersal of the heavy volume of vehicular traffic expected to depart
the Naval Air Station, Joint Reserve Base following the event. This
event has been held annually on the last weekend in October. This
change eliminates the necessity of having to do a rulemaking each year
for this annually scheduled event.

Discussion of Comments and Changes

    No comments were received for the NPRM and no changes have been
incorporated into the Final Rule.

Regulatory Evaluation

    This 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).
    The Coast Guard expects the economic impact of this 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 each three-
hour closure on the last weekend in October. 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 considers whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities.

Assistance for Small Entities

    Under the 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121, we want to assist small entities
in understanding the rule so that they can

[[Page 60361]]

better evaluate its effects on them and participate in the rulemaking
process.

Collection of Information

    This 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 rule under Executive Order 13132 and have
determined that this rule would not have implications for federalism
under that Order. No comments were received with regards to federalism
during NPRM comment period.

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 rule would not impose an unfunded mandate. No
comments were received with regards to unfunded mandates during NPRM
comment period.

Taking of Private Property

    This 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. No comments were received with regards to the taking of private
property during NPRM comment period.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden. No comments were received with regards to
the taking of private property during NPRM comment period.

Protection of Children

    We have analyzed this 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 rule and concluded
that, under figure 2-1, paragraph (32)(e), of Commandant Instruction
M16475.lC, this rule is categorically excluded from further
environmental documentation. Bridge Administration Program actions that
can be categorically excluded include promulgation of operating
regulations or procedures for drawbridges. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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, 105
Stat. 5039.

    2. Section 117.451(b) is revised to read as follows:

Sec. 117.451  Gulf Intracoastal Waterway.

* * * * *
    (b) The draw of the SR 23 bridge, Algiers Alternate Route, mile 3.8
at Belle Chasse, operates as follows:
    (1) The draw shall open on signal; except that, from 6 a.m. until
8:30 a.m. and from 3:30 p.m. until 5:30 p.m. Monday through Friday,
except Federal holidays, the draw need not be opened for the passage of
vessels.
    (2) On Saturday and Sunday of the last weekend in October, the draw
need not open for the passage of vessels from 4 p.m. until 7 p.m.
* * * * *

    Dated: September 29, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 00-26075 Filed 10-10-00; 8:45 am]
BILLING CODE 4910-15-P

 
 

Local Navigation

Jump to main content.