[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14634-14635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7730]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD8-95-026]


Drawbirdge Operation Regulation; Bonfouca Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the regulation governing the 
operation of the swing span drawbridge across Bonfouca Bayou, mile 7.0, 
at Slidell, St. Tammany Parish, Louisiana. A notice of proposed 
rulemaking was published on May 1, 1996, and a supplemental notice of 
proposed rulemaking (SNPRM) was published on December 27, 1996, because 
of comment received. This final rule maintains the operating times 
published in the SPRM to which no comments were received.

DATES: This regulation becomes effective on April 28, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Phil Johnson, Bridge Administration Branch, Eighth Coast Guard 
District, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking [61 FR 
19223] on Wednesday, May 1, 1996. Comments received prompted the Coat 
Guard to reevaluate the proposed rule. Mariners and business owners, 
located upstream of the bridge commented on the proposal, stating that 
their business would suffer if vessels were not permitted to transit 
above the periods of three continuous hours. Additionally, local 
commercial marine interests requested that the draw open on demand from 
9 p.m. to 5 a.m. if at least 4 hours advance notice is given, in lieu 
of 12 hours notice. Subsequently, a notice of supplemental proposed 
rulemaking along with a notice of temporary deviation was published 
Friday, December 27, 1996 [61 FR 68198] incorporating changes in the 
proposed rule. No comments were received on the latter notice. 
Accordingly, the Coast Guard will maintain the operating times as noted 
in the notice of supplemental proposed rulemaking.

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 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 
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 rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and non-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and (2) governmental jurisdictions with 
populations of less than 50,000.
    Since this final rule was revised in response to comments, concerns 
and suggestions of local mariners and maritime business interests, the 
economic impact of this final rule is expected to be minimal. 
Therefore, the Coast Guard certifies under 5 U.S.C.

[[Page 14635]]

604(b) that this rulemaking will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This final rule contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that this rulemaking does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Enviornment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under paragraph 2.B.2.g(5) of Commandant 
Instruction M16475.1B, this rulemaking is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, Part 117 of Title 33, Code of 
Federal Regulations, is amended 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. Section 117.433 is revised to read as follows:


Sec. 117.433  Bonfouca Bayou.

    The draw of the S433 bridge, mile 7.0, at Slidell, shall operate as 
follows:
    (a) The draw need not open for passage of vessels from 7 a.m. to 8 
a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except 
Federal Holidays.
    (b) The draw need open only on the hour and half-hour from 6 a.m. 
to 7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except 
Federal holidays.
    (c) The draw shall open a signal from 9 p.m. to 5 am., if at least 
4 hours notice is given to the Louisiana Department of Transportation 
and Development Security Service at (504) 375-0100.
    (d) At all other times the draw shall open on signal.

    Dated: March 7, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-7730 Filed 3-26-97; 8:45 am]
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