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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: November 7, 2001 (Volume 66, Number 216)]
[Rules and Regulations]
[Page 56207-56208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no01-6]
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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: Final rule.
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SUMMARY: The Coast Guard is changing 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
rule allows the dual bridges to remain closed to navigation during the
morning and afternoon rush hours while still requiring three hours
notification to open on signal at all other times.
DATES: This rule is effective December 7, 2001.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket and are available for inspection or copying at
the office of the Eighth Coast Guard District, Bridge Administration
Branch, 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: Mr. David Frank, Bridge Administration
Branch, at the address given above or telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 16, 2001, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation, Lake Pontchartrain, LA
in the Federal Register (66 FR 15373). We received three letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
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 Comments and Changes
Three letters were received in response to the NPRM. National
Mariner Fisheries Service offered no objections to the proposed change.
Pontchartrain Materials offered no objections to the proposed project;
however, they did offer comments regarding delays to vessels in
distress. The Coast Guard explained that the drawbridge is required to
open for vessels in distress. The U. S. Fish and Wildlife Service
officer no objections to the proposed changes.
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.
[[Page 56208]]
This 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 provided by the
applicant, these periods occur between 5:30 a.m. and 9:30 a.m. and
between 3 p.m. and 7 p.m.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered 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 will
not have a significant economic impact on a substantial number of small
entities.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
Collection of Information
This rule calls 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, Federalism,
and have determined that this rule would not have implications for
federalism under that Order. No comments were received with regards to
federalism during the 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 does not impose an unfunded mandate. No comments
were received with regards to unfunded mandates during the NPRM comment
period.
Taking of Private Property
This 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. No comments were received with regards to private
property during the NPRM comment period.
Civil Justice Reform
This 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. No comments were received with
regards to civil justice reform during the NPRM comment period.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This 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 rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule
and concluded that, under figure 2-1, paragraph 32(e), of Commandant
Instruction M16475.lD, this 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 amends
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 117.467, paragraph (b) is revised to read as follows:
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 above.
Dated: October 25, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-27875 Filed 11-6-01; 8:45 am]
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