[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Proposed Rules]
[Pages 19222-19224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10821]



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[[Page 19223]]


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD8-95-026]
RIN 2115-AE47


Drawbridge Operation Regulation; Bonfouca Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Louisiana Department of Transportation 
and Development (LDOTD), the Coast Guard is proposing a change to the 
regulation governing the operation of the swing span drawbridge across 
Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana. 
The proposed regulation would require that from 6 a.m. to 9 a.m. and 
from 3 p.m. to 6 p.m., peak vehicular traffic periods, Monday through 
Friday, except Federal holidays, the draw will remain closed to 
navigation. From 9 p.m. to 5 a.m. the bridge will be opened for vessel 
passage if at least 12 hours notice is given. Presently, the draw is 
required to open on signal; except that, from 6 a.m. to 9 a.m. and from 
3 p.m. to 6 p.m., Monday through Friday except Federal holidays, the 
draw opens on the hour and half hour and the draw opens on demand from 
9 p.m. to 5 a.m. if at least 12 hours advance notice is given. This 
change will relieve vehicular traffic congestion that has increased 
dramatically during recent years, and still provide for the reasonable 
needs of navigation.

DATES: Comments must be received on or before July 1, 1996.

ADDRESSES: Comments should be mailed to Commander (ob), Eighth Coast 
Guard District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, 
or may be delivered to Room 1313 at the same address between 8:00 a.m. 
and 3:00 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (504) 589-2965.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to participate in the proposed 
rulemaking by submitting written views, comments, or arguments. Persons 
submitting comments should include their names and addresses, identify 
the bridge and give reasons for concurrence with or any recommended 
change in this proposal. Persons desiring acknowledgment that their 
comments have been received should enclose a stamped, self-addressed 
postcard or envelope.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Eighth Coast Guard District at the 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it determines 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 Commander, Eighth Coast Guard District, will evaluate all 
communications received and determine a course of final action on this 
proposal. The proposal regulation may be changed in the light of 
comments received.

Discussion of Proposed Rules

    The present regulation requires that the bridge remain closed to 
navigation from 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m., Monday through 
Friday except Federal holidays with the draw opening on the half hour 
during these periods. The Louisiana Department of Transportation and 
Development with the support of Congressman Robert L. Livingston and 
many other parish and city officials, has requested the elimination of 
the opening on the half hour in order to enhance vehicular traffic to 
cross the bridge during the peak vehicular traffic periods. Mariners 
will be able to adjust to the new closures with little or no 
inconvenience.
    The Bonfouca Bayou, swingspan bridge at mile 7.0, at Slidell, St. 
Tammany Parish, Louisiana, has 3.5 feet vertical clearance above high 
tide in the closed to navigation position and 6.7 feet above low tide 
at the pivot pier, and 8.2 feet clearance above high tide and 11.4 feet 
above low tide at the rest pier. Navigation on the waterway consists of 
tugs with tows, fishing vessels, sailing vessels, and recreational 
craft. Data provided by LDOTD show that from September 1994 through 
September 1995, the number of vessels that passed the bridge during the 
proposed closure periods averaged 1.8 vessels per day.
    Data provided also shows that approximately 1532 vehicles cross the 
bridge during the proposed 6 a.m. to 9 a.m. closure and approximately 
2261 vehicles cross the bridge during the proposed 3 p.m. to 6 p.m. 
closure. Delays to this amount of vehicular traffic paralyze this 
section of the city for many hours.

Regulatory Evaluation

    This proposal 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 proposal 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 proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small 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.
    Since the proposed rule also considers the needs of local 
commercial fishing vessels, the economic impact is expected to be 
minimal. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

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

Federalism Implications

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

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2. of Commandant 
Instruction M16475.1B, this proposal 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.


[[Page 19224]]


    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. 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 open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least 12 hours notice is given. From 6 a.m. to 9 a.m. and 
from 3 p.m. to 6 p.m. Monday through Friday except Federal holidays, 
the draw need not be opened for the passage of vessels.

    Dated: January 25, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander Eighth Coast Guard District.
[FR Doc. 96-10821 Filed 4-30-96; 8:45 am]
BILLING CODE 4910-14-M