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Drawbridge Operation Regulation; Lake Pontchartrain, LA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 16, 2001 (Volume 66, Number 159)]
[Proposed Rules]
[Page 42972-42974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au01-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-01-022]
RIN 2115-AE47
Drawbridge Operation Regulation; Lake Pontchartrain, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the drawbridge
operation regulation for the draw of the Greater New Orleans Expressway
Commission Causeway across Lake Pontchartrain between Metairie,
Jefferson Parish and Mandeville, St. Tammany Parish, Louisiana. The
proposed rule would allow the dual bridges to remain closed to
navigation during the morning and afternoon rush hours while still
requiring three hours notification at all other times.
DATES: Comments and related material must reach the Coast Guard on or
before October 15, 2001.
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 above 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: Mr. David Frank, Bridge Administration
Branch, at the address given above or telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Request 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 (CGD08-01-022) and the specific section of this
document to which each comment applies and give the reason for each
comment. Please submit all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you would like confirmation of receipt of your
comments, 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
comments received.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a public meeting by writing to the Commander, Eighth Coast
Guard District, Bridge Administration Branch at the address under
ADDRESSES explaining why a public meeting would be beneficial. If we
determine that a public meeting would aid this rulemaking, we will hold
one at a time and place to be announced by notice in the Federal
Register.
Background and Purpose
The bascule span of the dual bridges of the Greater New Orleans
Expressway Commission Causeway across Lake Pontchartrain presently
opens on signal if at least three hours notice is given. The Greater
New Orleans Expressway Commission has requested a change in the
operating schedule of the dual bridges to allow the draw to remain
closed during peak vehicular traffic periods. Approximately 15,000
vehicles cross the dual bridges in each direction daily. Of the nearly
15,000 vehicles that cross the southbound bridge from St. Tammany
Parish to Jefferson Parish, approximately 50% of these vehicles cross
this bridge between the hours of 5:30 a.m. and 9:30 a.m. Of the nearly
15,000 vehicles that cross the northbound bridge from Jefferson Parish
to St. Tammany Parish, approximately 50% of these vehicles cross this
bridge between the hours of 3 p.m. and 7 p.m. During these peak traffic
periods, an opening of the draw can cause traffic to back up
approximately four to five miles.
Tender logs for the past year indicate that only six vessels have
required the draw to open during these times.
Discussion of Proposed Rule
The proposed rule would modify the existing regulation in 33 CFR
117.467(b) to require the draw of the Greater New Orleans Expressway
Commission Causeway to open on signal if at least three hours notice is
given; except that, the draw need not be opened for the passage of
vessels Monday through Friday except Federal holidays from 5:30 a.m. to
9:30 a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for
any vessel in distress or vessel waiting immediately following the
closures listed above.
The draw of the Causeway at the north channel has a vertical
clearance of 42 feet above mean high water in the closed-to-navigation
position and unlimited clearance in the open-to-navigation position.
Navigation on the waterway consists of small tugs with tows, fishing
vessels, sailing vessels, and other recreational craft. As an alternate
route, the south channel fixed spans of the dual bridges provides a
vertical clearance of 50 feet above mean high water.
The Coast Guard believes that allowing the draw to remain closed to
navigation during the morning and afternoon peak vehicular traffic time
periods is reasonable and will still meet the needs of navigation. This
conclusion is based upon the low number of opening requests received
during these time periods.
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
[[Page 42973]]
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 proposed 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 proposed rule allows vessels ample opportunity to transit this
waterway with proper notification before and after the peak vehicular
traffic periods. According to the vehicle traffic surveys, these
periods occur between 5:30 and 9:30 a.m. and 3 and 7 p.m.
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 proposed rule has considered the needs of
the local commercial vessels and it has been determined that, under 5
U.S.C. 605(b), it would not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
proposed 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 Executive Order 13132 and
have determined that this proposed rule would 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not economically significant and does not
cause an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.lD, this proposed rule be categorically
excluded from further environmental documentation. 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. In Sec. 117.467, paragraph (b) is revised to read as follows:
Sec. 117.467 Lake Pontchartrain.
* * * * *
(b) The draw of the Greater New Orleans Expressway Commission
Causeway shall open on signal if at least three hours notice is given;
except that, the draw need not be opened for the passage of vessels
Monday through Friday except Federal holidays from 5:30 a.m. to 9:30
a.m. and from 3 p.m. until 7 p.m. The draw will open on signal for any
vessel in distress or vessel waiting immediately following the closures
listed in this section.
[[Page 42974]]
Dated: August 6, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-20317 Filed 8-15-01; 8:45 am]
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