[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Rules and Regulations]
[Pages 11108-11110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4330]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-005]
RIN 2115-AE47


Drawbridge Operation Regulation; Chef Menteur Pass, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the U.S. Highway 90 bridge across Chef Menteur Pass, mile 
2.8 at Lake Catherine, Orleans Parish, Louisiana. The rule provides 
that the draw shall open on signal; except that, from 5:30 a.m. to 7:30 
a.m., Monday through Friday except Federal holidays, the draw need open 
only on the hour and on the half-hour for the passage of vessels. The 
draw shall open at any time for a vessel in distress. This change will 
accommodate the navigation needs of commercial fishing vessels while 
providing the uninterrupted flow of vehicular traffic for commuters en 
route to work during this period.

DATES: This rule becomes effective on March 26, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD08-00-005 and are available for inspection or 
copying at the Bridge Administration Branch, Eighth Coast Guard 
District, 501 Magazine Street, New Orleans, Louisiana between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

[[Page 11109]]


FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, Eighth Coast Guard District at the address given above, 
telephone 504-589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 10, 2000 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Drawbridge Operating Regulation; Chef 
Menteur Pass, Louisiana in Federal Register (65 FR 30043). The Coast 
Guard received no letters in response to the NPRM. No public hearing 
was requested, and none was held.

Background and Purpose

    The existing regulation states that the draw of the bridge is 
required to open on signal, except that from 5:30 a.m. to 7:30 a.m., 
Monday through Friday except Federal holidays, the draw need not open 
for the passage of vessels. The draw shall open at anytime for a vessel 
in distress.
    The Coast Guard received numerous complaints from operators of 
commercial fishing vessels, stating that the existing regulation did 
not meet the reasonable needs of navigation for local commercial 
fishermen because they are required to haul in their shrimp nets 
earlier than necessary to be able to pass through the bridge before the 
closure time. Local commercial fishermen generally trawl for shrimp 
during evening hours. This is because brown shrimp feed at night above 
the bottom. Once daylight occurs they bury themselves in the mud and 
can no longer be caught with trawl nets. Since the fishermen need to 
maximize trawling time, they work from sundown until sunrise then enter 
port and unload their catches. In order for them to transit the U.S. 
Highway 90 bridge before the 5:30 closure, they must haul in their nets 
as much as two hours early and head into port. This cuts down trawling 
time and causes loss of revenue. Based on complaints from local 
commercial fishermen, the Coast Guard determined that the current 
operating schedule may not meet the reasonable needs of navigation.
    On May 10, 2000 the Coast Guard published a NPRM (65 FR 30043) and 
a notice of temporary deviation from regulations with request for 
comments in Federal Register (65 FR 29954). The temporary deviation 
from regulations allowed for the testing of the proposed operating 
schedule during the month of June.

Discussion of Comments and Changes

    No comments regarding the temporary deviation or the NPRM were 
received.

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).
    We expect 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.
    This rule will have a positive impact on the economic status of the 
local commercial fishermen as it provides them with adequate time to 
trawl. It will not create a significant adverse effect for the local 
motorists who cross the bridge on weekdays en route to work. The 
motorists will be able to adjust their commuting schedules to 
accommodate the hour and half-hour drawbridge openings.

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 
would not have a significant economic impact on a substantial number of 
small entities. The small entities concerned with this rule are the 
local commercial fishermen who transit the bridge. This rule will 
positively affect the local commercial fishermen by affording them 
adequate time to trawl. They will not be required to haul in their nets 
early in order to transit through the bridge en route to port.

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. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Bridge Administration 
Branch, Eighth Coast Guard District at the address above.

Collection of Information

    This rule would call 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 and have 
determined that this rule does not have implications for federalism 
under that Order.

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 would not impose an unfunded mandate.

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.

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.

Protection of Children

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule will change an existing special

[[Page 11110]]

drawbridge operating regulation promulgated by a Coast Guard Bridge 
Administration Program action. 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 33 
CFR part 117 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 117.436 is revised to read as follows:


Sec. 117.436  Chef Menteur Pass.

    The draw of the U.S. Highway 90 bridge, mile 2.8, at Lake 
Catherine, shall open on signal; except that, from 5:30 a.m. to 7:30 
a.m., Monday through Friday except Federal holidays, the draw need open 
only on the hour and on the half-hour for the passage of vessels. The 
draw shall open at any time for a vessel in distress.

    Dated: February 12, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-4330 Filed 2-21-01; 8:45 am]
BILLING CODE 4910-15-P