[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Proposed Rules]
[Pages 12795-12796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6223]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-99-007]
RIN 2115-AE47
Drawbridge Operation Regulation; Inner Harbor Navigation Canal,
LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to temporarily change the
regulation for the operation of the draw of the L & N Railroad/Old
Gentilly Road bascule span drawbridge across the Inner Harbor
Navigation Canal, mile 2.9 at New Orleans, Orleans Parish, Louisiana.
This proposal would allow the draw of the L&N Railroad/Old Gentilly
Road bascule span drawbridge to remain closed to navigation daily from
8 a.m. until noon and from 1 p.m. until 5 p.m. from May 17 through May
28, 1999, June 1 through July 2, 1999, July 6 through September 3, 1999
and from September 7 through September 22. This proposed temporary rule
will allow for replacement of the damaged fender system, an extensive
but necessary maintenance operation. Presently, the draw opens on
signal at all times.
DATES: Comments must be received on or before April 29, 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
Federal 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. Comments should also be submitted to the same
address. The Bridge Administration Branch of the Eighth Coast Guard
District maintains the public docket for this proposed temporary rule.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, at the address given above. Telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Requests 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 (CGD 08-99-007) and the specific section of this
document to
[[Page 12796]]
which each comment applies, and give the reason for each comment.
Please submit two copies of all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. Persons wanting acknowledgement of receipt of
comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Eighth Coast Guard District, Bridge
Administration Branch at the address under ADDRESSES. The request
should include the reasons why a hearing would be beneficial. If it is
determined that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register. The comment
period will be limited to 45 days because the rule needs to be
effective by May 15, 1999.
The L&N Railroad/Old Gentilly Road bascule span drawbridge across
the inner Harbor Navigation Canal, mile 2.9, in New Orleans, Louisiana
has a vertical clearance of one foot above mean high water in the
closed-to-navigation position and unlimited in the open-to-navigation
position. Navigation on the waterway consists of tugs with tows, small
ships, fishing vessels, sailing vessels and other recreational craft.
The Board of Commissioners of the Port of New Orleans requested a
proposed temporary rule for the operation of the drawbridge to
accommodate maintenance work, involving removing portions of the
existing damaged fender system, driving new pilings and replacing the
timbers. This work is essential for continued safe transit of vessels
through the bridge. This proposal would allow the draw of the L&N
Railroad/Old Gentilly Road bascule span drawbridge to operate as
follows: From May 17 through May 28, 1999, June 1 through July 2, 1999,
July 6 through September 3, 1999 and from September 7 through September
22, 1999 the draw need not open for the passage of vessels from 8 a.m.
until noon and from 1 p.m. until 5 p.m.
In the event of an approaching tropical storm or hurricane, the
draw will return to normal operation within 12 hours notice from the
Coast Guard. Presently, the draw opens on signal at any time.
Regulatory Evaluation
This proposed temporary rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not required 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
proposed 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 the number of vessels
affected by the closure is minimal. Commercial vessels, sailboats and
most of the other recreational craft which normally transit the bridge
will be able to do so between the hours of 5 p.m. and 8 a.m. and during
the one-hour, mid-day opening between noon and 1 p.m.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed 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
populations of less than 50,000. Commercial vessels and fishing vessels
which normally transit the causeway bridge will still be able to do so
between the hours of 5 p.m. and 8 a.m. and during the one hour mid-day
opening between noon and 1 p.m. Thus, the Coast Guard expects there to
be no significant 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
proposed temporary rule will not have a significant economic impact on
a substantial number of small entities.
Collection of Information
This proposed 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
proposed temporary rule and concluded that this action is categorically
excluded from further environmental documentation under current Coast
Guard (CE # 32(e), in accordance with Section 2.B.2 and Figure 2-1 of
the National Environmental Protection Act Implementing Procedures,
COMDTINST M16475.1C. A ``Categorical Exclusion Determination'' is
available in 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 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; 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 from May 17, 1999 through September 22, 1999
Sec. 117.458 is amended by adding a new paragraph (c) to read as
follows:
Sec. 117.458 Inner Harbor Navigation Canal, New Orleans.
* * * * *
(c) The draw of the L&N Railroad/Old Gentilly Road bridge, mile
2.9, shall operate as follows: From May 17 through May 28, 1999, June 1
through July 2, 1999, July 6 through September 3, 1999 and from
September 7 through September 22, 1999 the draw need not open for the
passage of vessels from 8 a.m. until noon and from 1 p.m. until 5 p.m.
At all other times the bridge opens on signal. In the event of an
approaching tropical storm or hurricane, the bridge will be returned to
normal operation within 12 hours of notification by the Coast Guard.
Dated: March 1, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-6223 Filed 3-12-99; 8:45 am]
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