[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10453-10454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5832]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-97-005]
RIN 2115-AE47


Drawbridge Operation Regulation; Inner Harbor Navigation Canal, 
LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation for the 
operation of the L&N Railroad/Old Gentilly Road bascule span drawbridge 
across the Inner Harbor Navigation Canal, mile 3.4 in New Orleans, 
Orleans Parish, Louisiana, to authorize it to remain closed to 
navigation between the hours of 8 a.m. and noon and between the hours 
of 1 p.m. and 5 p.m. daily, from March 6, 1997 through May 19, 1997. 
This action is necessary for the fender system to be repaired and 
portions of it replaced.

DATES: This temporary final rule is effective beginning at 8 a.m. on 
March 6, 1997 and ending at 5 p.m. on May 19, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble 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. The telephone number is (504) 589-2965. Eighth 
Coast Guard District Bridge Administration Branch maintains the public 
docket for this temporary final rule.

FOR FURTHER INFORMATION CONTACT:
Phil Johnson, Bridge Administration Branch, at the address given above, 
telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

    Drafting Information: The principal persons involved in drafting 
this regulation are Phil Johnson, Project Manager, Eighth Coast 
Guard District Bridge Administration Branch, and Lieutenant 
Commander Jim Wilson, Project Attorney, Eighth Coast Guard District 
Legal Office.

Discussion of Rule

    Notice of this repair was not provided in time to issue a notice of 
proposed rulemaking. Unsafe condition of the bridge fender system 
warrants the closures so that remedial work can be accomplished. For 
the same reason, good cause exists to make this temporary rule 
effective in less than 30 days after publication.
    The L&N Railroad/Old Gentilly Road bascule span drawbridge across 
the Inner Harbor Navigation Canal, mile 3.4 in New Orleans, has a 
vertical clearance of one foot above high tide in the closed to 
navigation position. The horizontal clearance of the bridge is only 93 
feet. A crane barge will be required to occupy the majority of this 
very narrow channel in order to reconstruct the fender system. The 
Coast Guard is temporarily changing the regulation for the operation of 
the L&N Railroad/Old Gentilly Road bascule span drawbridge across the 
Inner Harbor Navigation Canal, mile 3.4 in New Orleans, Orleans Parish, 
Louisiana, to authorize it to remain closed to navigation between the 
hours of 8 a.m. and noon and between the hours of 1 p.m. and 5 p.m. 
daily, from March 6, 1997 through May 19, 1997.
    This action is necessary for the fender system to be repaired and 
portions of it replaced. The barged and related equipment will be 
removed from the channel from noon until 1 p.m. and from 5 p.m. until 8 
a.m. daily at which time the bridge may be opened to pass marine 
traffic.
    Navigation on the waterway consists of tugs with tows, including 
crane barges, jack-up boats, oil industry crew vessels, fishing 
vessels, sailing vessels and other recreational craft. The fender 
system of the bridge has sustained considerable damage from numerous 
vessel strikes, compromising its ability to protect the bridge. It must 
be rehabilitated for the safety of rail as well as for vehicular 
traffic.
    The Port of New Orleans has requested this temporary final rule so 
that the fender system can be repaired and portions of it replaced. The 
short term inconvenience, attributable to a delay of vessel traffic for 
a maximum of four hours, is outweighed by the long-term benefits to be 
gained in the interest of safety.

Regulatory Evaluation

    This temporary final rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require 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 
temporary final rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small

[[Page 10454]]

entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This temporary final 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 in accordance with 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 rule 
and concluded that under paragraph 2.B.g(5) of Commandant Instruction 
M16475.1B, this temporary final rule is categorically excluded from 
further environmental documentation. 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.

Regulation

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR Part 117 as follows:

PART 117--[AMENDED]

    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. 102-587, 106 
Stat. 5039.


Sec. 117.458   [Amended]

    2. Effective March 6, 1997 through May 19, 1997, 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 bascule span 
drawbridge across the Inner Harbor Navigation Canal, mile 3.4 shall 
open on signal; except that between the hours of 8 a.m. and noon and 
between the hours of 1 p.m. and 5 p.m. daily, from March 6, 1997 
through May 19, 1997, the draw need not open for the passage of 
vessels.

    Dated: February 27, 1997.
T. W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-5832 Filed 3-5-97; 1:31 pm]
BILLING CODE 4910-14-M